UNITED STATES 653 B

United States Court of Appeals, Ninth Circuit, 6 November 2008

(Michael Rogers, et al. v. Royal Caribbean Cruise Lines and Michael Rogers, et al. v. Royal Caribbean Cruise Lines, et al.)

06 - 11 - 2008

UNITED STATES 653 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXIV (2009)
Jurisdiction United States
Summary

See also United States District Court, Central District of California, 25 January 2007 

(Michael Rogers, et al. v. Royal Caribbean Cruise Lines and Michael Rogers, et al. v. Royal Caribbean Cruise Lines, et al.)

UNITED STATES 653 A

Related topics
201

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.

Scope of arbitration agreement
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 653 B