US 744

22 - 06 - 2011

US 744

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVI (2011)
Jurisdiction United States
Original full text Full text decision US 744
Summary

US 744. United States District Court, Eastern District of Missouri, Eastern Division, 22 June 2011

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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 744