Comparative Guides
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Results: 4 Answers
International Arbitration
2.
Arbitrability and restrictions on arbitration
2.1
How is it determined whether a dispute is arbitrable in your jurisdiction?
 
United States
Enforcement of an arbitration provision involves two analytical steps: determining whether the parties entered into an arbitration agreement and whether the dispute at issue is covered by that agreement. In addition, there is a third crucial question: whether the agreement clearly and unmistakeably delegated these threshold questions of arbitrability to the arbitrator or whether they remain with the court (Rent-A-Center, West, Inc v Jackson, 561 US 63, 79 (2010)).

For more information about this answer please contact: Jonathan Landy from Williams & Connolly
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
 
United States
Arbitrations have hearing locations as well as the place of legal residence, also known as where venue is located or, in international arbitrations, as the arbitral seat. The arbitral seat is the domicile of the arbitration, where courts that have jurisdiction to enforce arbitration orders (or, in certain circumstances, appoint arbitrators) are located. While the legal residence is often the physical location where the hearings take place, the parties are free to designate the seat they wish, regardless of the location of the arbitration hearings. There are no restrictions on the choice of seat based on the nature of the dispute.

For more information about this answer please contact: Jonathan Landy from Williams & Connolly