US 612
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction
United States
Excerpt
Excerpt decision US 612
Summary
US 612. United States District Court, Southern District of Florida, 16 February 2006 and 26 March 2006 and United States Court of Appeals, Eleventh Circuit, 7 June 2007
Related topics
214-216
Field of application
220
"Null and void", etc.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
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.