- You are here:
- Home
- Court Decisions
- UNITED STATES 1 July 2020 Mullen Technologies
UNITED STATES 1 July 2020 Mullen Technologies
United States District Court, Southern District of California, 1 July 2020, Case No.: 3:19-CV-1979 W (AHG)
(Mullen Technologies, Inc. v. Qiantu Motor (Suzhou) Ltd.)
UNITED STATES 1 July 2020 Mullen Technologies
In a short decision, the Court set out the conditions for referring a dispute to arbitration under the New York Convention and found that they were all met in the present case.
The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.