UNITED STATES 375

28 - 08 - 2001

UNITED STATES 375

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVII (2002)
Jurisdiction United States
Summary

US 375. United States Court of Appeals, Second Circuit, 28 August 2001

Related topics
212

The court discusses issues specific to an arbitration agreement concluded through an agent or broker, e.g., whether the authorization to conclude it must also be in writing.

Agent/broker, etc.
220

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.

"Null and void", etc.
222

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 375