UNITED STATES 417

18 - 10 - 2002

UNITED STATES 417

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXVIII (2003)
Jurisdiction United States
Summary

US 417. United States Court of Appeals, Second Circuit, 18 October 2002

Related topics
201

The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.

Scope of arbitration agreement
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 417