BERMUDA 4

21 - 01 - 1994

BERMUDA 4

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXIVa (1999)
Jurisdiction Bermuda
Summary

Bermuda 4. Supreme Court of Bermuda, Civil Jurisdiction, 21 January 1994

Related topics
209 Incorporation by reference and standard conditions
217

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
219

The court discusses how to determine that there is a dispute as a condition for referral to arbitration.

There must be a dispute
BERMUDA 4