UNITED STATES 170

02 - 06 - 1993

UNITED STATES 170

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XX (1995)
Jurisdiction United States
Summary

US 170. United States Court of Appeals, Second Circuit, 2 June 1993

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
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)
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
UNITED STATES 170