US 121

29 - 03 - 1991

US 121

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XVII (1992)
Jurisdiction United States
Original full text Full text decision US 121
Summary

US 121. United States District Court, Eastern District of New York, 29 March 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
220

The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.

"Null and void", etc.
223

The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
US 121