UNITED STATES 936 A

United States District Court, Southern District of Florida, 15 September 2017

(SBMH Group DMCC et al. v. Noadiam USA, LLC d/b/a Sky Organics et al.)

15 - 09 - 2017

UNITED STATES 936 A

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIII (2018)
Jurisdiction United States
Summary

See also United States District Court, Southern District of Florida, 27 October 2017

(SBMH Group DMCC et al. v. Noadiam USA, LLC d/b/a Sky Organics et al.)

UNITED STATES 936 B

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
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
222

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.

Arbitrator's competence and separability of the arbitration clause
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
UNITED STATES 936 A