US 349

15 - 11 - 2000

US 349

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVI (2001)
Jurisdiction United States
Original full text Full text decision US 349
Summary

US 349. United States District Court, Southern District of New York, 15 November 2000

Related topics
201

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

Scope of arbitration agreement
202

The court discusses the form in which the arbitration agreement is expressed: short form arbitration clause, reference to rules of institution, etc.

Contents of arbitration agreement
220

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.

"Null and void", etc.
US 349