Comparative Guides

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4. Results: 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

Answer ... Two elements must be satisfied for it to be determined that a dispute is arbitrable in the United States:

  • The parties must have entered into an arbitration agreement (for purposes of a United States seated arbitration) which states that arbitration is to be conducted in the United States; and
  • The dispute that has arisen must fall within the terms of the arbitration agreement

The FAA requires federal district courts to stay judicial proceedings or compel arbitration if there is an agreement to arbitrate that encompasses their dispute: 9 U.S.C. §§ 3, 4. However, the Act does not address whether, or when, the question of arbitrability should be decided by the arbitration panel rather than the court. A major issue, therefore, is 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)). The answer to this question will inform the parties as to whether the dispute over arbitrability is to be arbitrated or determined by a court.

For more information about this answer please contact: Luke Zadkovich from Zeiler Floyd Zadkovich
2.2
Are there any restrictions on the choice of seat of arbitration for certain disputes?
United States

Answer ... The Federal Arbitration Act does not restrict the choice of seat based on the nature of the dispute. Parties are free to choose any seat of arbitration for the resolution of any dispute, without any legal restrictions, provided that it is specified in the arbitration agreement.

For more information about this answer please contact: Luke Zadkovich from Zeiler Floyd Zadkovich
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Topic
International Arbitration