US 518

24 - 03 - 2005

US 518

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXX (2005)
Jurisdiction United States
Original full text Full text decision US 518
Summary

US 518. United States Court of Appeals, Fifth Circuit, 24 March 2005

Related topics
214-216 Field of application
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
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)
911

The court discusses the extent of obligations under the Convention for federal and non-unitary States, in particular when subject matters dealt with by the Convention fall under the competence of constituent states or provinces.

Article XI: Federal State Clause
US 518