UNITED STATES 70

12 - 08 - 1985

UNITED STATES 70

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XII (1987)
Jurisdiction United States
Summary

US 70. United States Court of Appeals, Fifth Circuit, 12 August 1985 .

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
214-216 Field of application
217

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.

Referral to arbitration in general
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
227

Multi-party disputes: The court discusses whether related court proceedings may absorb (by vis atractiva) arbitration proceedings.

Concurrent court proceedings ("indivisibility")
UNITED STATES 70