UNITED STATES 37

09 - 01 - 1981

UNITED STATES 37

Yearbook Yearbook Commercial Arbitration, P. Sanders (ed.), Vol. VII (1982)
Jurisdiction United States
Summary

US 37. United States Court of Appeals, Fourth Circuit, 9 January 1981

Related topics
214-216 Field of application
218

The court discusses whether referral of the resolution of disputes to arbitration is mandatory under the Convention and whether mandatory referral is an internationally uniform rule which supersedes municipal law.

Referral is mandatory
221

The court discusses which law – lex fori, lex contractus, law of the State where the award will be made – applies specifically to determining whether an agreement to arbitrate is “null and void etc.“, and, by extension, which law applies to determining the validity of arbitration agreements.

Law applicable to "Null and void", etc. (for formal validity and applicable law, see Art. II, ¶204)
228

Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.

Pre-award attachment and other provisional measures
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