UNITED STATES 210

28 - 09 - 1994

UNITED STATES 210

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXII (1997)
Jurisdiction United States
Summary

US 210. United States District Court, Eastern District of Louisiana, 28 September 1994

Related topics
202

The court discusses the form in which the arbitration agreement is expressed: short form arbitration clause, reference to rules of institution, etc.

Contents of arbitration agreement
211

The court discusses issues specific to bills of lading and charterparties, such as whether the subsequent holder of the bill of lading is bound by the arbitration agreement therein and whether the arbitration clause in the charterparty is incorporated into the bill of lading.

Bill of lading and charter party
217

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.

Referral to arbitration in general
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 210