UNITED STATES 849
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XLI (2016)
Jurisdiction
United States
Summary
US 849. Jorge Escobar v. Celebration Cruise Operator, Inc., United States Court of Appeals, Eleventh Circuit, Case No. No. 14-11793, 25 June 2015
Related topics
214
Agreement providing for arbitration in another State
215
Agreement providing for arbitration within forum's State
216
No place of arbitration designated
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.
524
Other cases
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.