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- UNITED STATES 490 B
UNITED STATES 490 B
United States Court of Appeals, Fifth Circuit, 27 July 2004
(Vinod Kumar Dahiya v. Talmidge International, Ltd., et al.)
UNITED STATES 490 B
See also United States Court of Appeals, Fifth Circuit, 18 May 2004
(Vinod Kumar Dahiya v. Talmidge International, Ltd., et al.)
UNITED STATES 490 A
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.
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.