UNITED STATES 28 October 2020 Michael Pak

United States District Court, Northern District of California, 28 October 2020, Case No. 20-cv-05791-VC

(Michael Pak v. Eocell, Inc. et al.)

28 - 10 - 2020

UNITED STATES 28 October 2020 Michael Pak

Jurisdiction United States
Original full text Full text decision UNITED STATES 28 October 2020 Michael Pak
Summary

The Court compelled arbitration of the dispute between the parties, finding that the arbitration provision contained in their Shareholders Agreement delegated the question of arbitrability to the HKIAC by "clear and unmistakable evidence".
Related topics
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The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.

 Arbitrator's competence and separability of the arbitration clause
UNITED STATES 28 October 2020 Michael Pak