US 871

15 - 03 - 2016

US 871

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction United States
Original full text Full text decision US 871
Summary

US 871. Casa del Caffé Vergnano SpA et al. v. Italflavors, LLC et al., United States Court of Appeals, Ninth Circuit, 15 March 2016

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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 871