
- You are here:
- Home
- Court Decisions
- UNITED STATES 653 B
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.)
UNITED STATES 653 B
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
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 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.
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.