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- UNITED STATES 569 A
UNITED STATES 569 A
United States District Court, Southern District of New York, 24 January 2006
(Oriental Republic of Uruguay, et al. v. Chemical Overseas Holdings, Inc., et al.)
UNITED STATES 569 A
See also United States Court of Appeals, Second Circuit, 14 April 2006
(Oriental Republic of Uruguay, et al. v. Chemical Overseas Holdings, Inc., et al.)
UNITED STATES 569 B
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.
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.
Public policy: The court discusses the effect of other alleged violations of public policy on the recognition and enforcement of an arbitral award, such as contradictory reasons, manifest disregard of the law (US), etc.