US 160
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XX (1995)
Jurisdiction
United States
Original full text
Full text decision US 160
Excerpt
Excerpt decision US 160
Summary
US 160. United States District Court, District of Massachusetts, 17 March 1987
Related topics
222
Arbitrator's competence and separability of the arbitration clause
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.
223
Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
518
Paragraph 2 - Distinction domestic-international public policy
Public policy: The court discusses the meaning of (international as compared to domestic) public policy, generally defined as the basic notions of morality and justice of the enforcement State.