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UNITED STATES 1009 B
United States District Court, Southern District of New York, 3 September 2020
(SSI (Beijing) Company Ltd. v. Prosper Business Development Corporation)
UNITED STATES 1009 B
The Court accepted the recommendation of the Magistrate Judge, issued on 30 July 2020. It agreed that the arbitration clause between the parties was not null and void because it failed to specify an arbitration institution.
See also United States District Court, Southern District of New York, 30 July 2020
(SSI (Beijing) Company Ltd. v. Prosper Business Development Corporation)
UNITED STATES 1009 A
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.