US 78
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XIII (1988)
Jurisdiction
United States
Original full text
Full text decision US 78
Excerpt
Excerpt decision US 78
Summary
US 78. United States Court of Appeals, Fifth Circuit, 21 May 1987
Related topics
101
Award made in the territory of another (Contracting) State (paragraphs 1 and 3 - first or "reciprocity" reservation)
The court discusses the determination and relevance of the place where the award was made (in a foreign State or another contracting State.
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.