Law360, Washington (September 11, 2015, 6:18 PM ET) — General Dynamics Land Systems Inc. continued to fight Friday in Texas federal court to toss a bankrupt metal fabrication shop’s $3.7 million fraud suit, arguing the former Israeli tank project subcontractor is trying to “rewrite” the case’s procedural history.

Elite Precision Fabricators Inc. has been trying to keep the case out of arbitration, blasting the validity of an arbitration agreement between the companies by arguing its existence was not obvious in GDLS’s first purchase order in June 2011. GDLS countered Friday that the contract to build Armored Personnel Carriers for the Israeli military contained an “explicit” arbitration agreement included in terms and conditions on its website to which sellers are directed.

“Elite, a commercial party, agreed to be bound by the purchase terms and conditions by transacting with GDLS. The purchase terms and conditions, referred to herein along with the purchase orders as the ‘APC contract’ have not varied substantially since June 2011 and at all times have contained an arbitration clause,” GDLS said.