UNITED STATES 680 B

United States District Court, Southern District of Florida, 26 February 2010

(Olena Bulgakova v. Carnival Corporation)

26 - 02 - 2010

UNITED STATES 680 B

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXV (2010)
Jurisdiction United States
Summary

See also United States District Court, Southern District of Florida, 22 June 2009

(Olena Bulgakova v. Carnival Corporation)

UNITED STATES 680 A

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 680 B