UNITED STATES 612 B

United States District Court, Southern District of Florida, 26 March 2006

(Inacio Eufemio Lobo v. Celebrity Cruises, Inc.)

26 - 03 - 2006

UNITED STATES 612 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIII (2008)
Jurisdiction United States
Original full text Full text decision UNITED STATES 612 B
Excerpt Excerpt decision UNITED STATES 612 B
Summary

See also United States District Court, Southern District of Florida, 16 February 2006 

(Inacio Eufemio Lobo v. Celebrity Cruises, Inc.)

UNITED STATES 612 A

and

United States Court of Appeals, Eleventh Circuit, 7 June 2007

(Inacio Eufemio Lobo v. Celebrity Cruises, Inc.)

UNITED STATES 612 C
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.
223

The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.

 Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
UNITED STATES 612 B