UNITED STATES 350

16 - 11 - 2000

UNITED STATES 350

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVI (2001)
Jurisdiction United States
Summary

US 350. United States District Court, Western District of Louisiana, Lake Charles Division, 16 November 2000

Related topics
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
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)
227

Multi-party disputes: The court discusses whether related court proceedings may absorb (by vis atractiva) arbitration proceedings.

Concurrent court proceedings ("indivisibility")
UNITED STATES 350