US 518
US 518. United States Court of Appeals, Fifth Circuit, 24 March 2005
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.
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.
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.