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- UNITED STATES 531 B
UNITED STATES 531 B
United States District Court, Northern District of Illinois, Eastern Division, 19 April 2006
(Sankyo Corporation (Japan), et al. v. Nakamura Trading Corporation)
UNITED STATES 531 B
See also United States Court of Appeals, Sixth Circuit, 15 March 2005
(Sankyo Corporation (Japan), et al. v. Nakamura Trading Corporation)
UNITED STATES 531 A
The court discusses general questions relating to the interpretation of the Convention as an international treaty, also in respect of the methods of interpretation laid down in the 1969 Vienna Convention; the relationship between the New York Convention and the UNCITRAL Model Law and Recommendation 2006.
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.
The court discusses whether a declaratory judgment on the validity of the arbitration agreement is available under the Convention.