US 309

17 - 03 - 1999

US 309

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXV (2000)
Jurisdiction United States
Original full text Full text decision US 309
Summary

US 309. United States Court of Appeals, Fifth Circuit, 17 March 1999

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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
US 309