UNITED STATES 733
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XXXVI (2011)
Jurisdiction
United States
Original full text
Full text decision UNITED STATES 733
Summary
US 733. United States District Court, Southern District of California, 28 February 2011
Related topics
201
Scope of arbitration agreement
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.
214-216
Field of application
220
"Null and void", etc.
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.
226
Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.