US 858
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction
United States
Excerpt
Excerpt decision US 858
Summary
US 858. Claudia Ester Sierra v. Cruise Ships Catering and Services International, NV et al., United States Court of Appeals, Eleventh Circuit, Case No. 14-14940 Non-Argument Calendar, 10 November 2015
Related topics
209
Incorporation by reference and standard conditions
214
Agreement providing for arbitration in another State
215
Agreement providing for arbitration within forum's State
216
No place of arbitration designated
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.