BERMUDA 1

23 - 03 - 1982

BERMUDA 1

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XII (1987)
Jurisdiction Bermuda
Summary

Bermuda 1. Supreme Court of Bermuda, 23 March 1982

Related topics
214-216 Field of application
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.
222

The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

Arbitrator's competence and separability of the arbitration clause
BERMUDA 1