UNITED STATES 979

22 - 08 - 2018

UNITED STATES 979

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIV (2019)
Jurisdiction United States
Summary

US 979. PDC Machines Inc. v. NEL Hydrogen A/S (formerly known as H2 Logic A/S et al.), United States District Court, Eastern District of Pennsylvania, Civil Action No. 17-5399, 22 August 2018

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 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
UNITED STATES 979