US 278

27 - 07 - 1998

US 278

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXIVa (1999)
Jurisdiction United States
Original full text Full text decision US 278
Summary

US 278. Court of Appeals, State of Washington, 27 July 1998

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
214-216 Field of application
219

The court discusses how to determine that there is a dispute as a condition for referral to arbitration.

There must be a dispute
221

The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.

Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
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)
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
US 278