US 119

15 - 01 - 1991

US 119

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XVII (1992)
Jurisdiction United States
Original full text Full text decision US 119
Summary

US 119. United States Court of Appeals, Second Circuit, 15 January 1991

Related topics
201

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

Scope of arbitration agreement
203-204 Formal validity, uniform law and municipal law
209 Incorporation by reference and standard conditions
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
228

Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.

Pre-award attachment and other provisional measures
US 119