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- UNITED STATES 596 A
UNITED STATES 596 A
United States District Court, District of Arizona, 31 August 2006
(BCE WEST, L.P., et al.; Gerald K. Smith, as Plan Trustee, et al. v. ACE Insurance Company, Ltd, et al.)
UNITED STATES 596 A
See also United States District Court, District of Arizona, 20 September 2006
(BCE WEST, L.P., et al.; Gerald K. Smith, as Plan Trustee, et al. v. ACE Insurance Company, Ltd, et al.)
UNITED STATES 596 B
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.