Comparative Guides

Welcome to Mondaq Comparative Guides - your comparative global Q&A guide.

Our Comparative Guides provide an overview of some of the key points of law and practice and allow you to compare regulatory environments and laws across multiple jurisdictions.

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4. Results: Answers
International Arbitration
Arbitrability and restrictions on arbitration
How is it determined whether a dispute is arbitrable in your jurisdiction?
United States

Answer ... 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
Are there any restrictions on the choice of seat of arbitration for certain disputes?
United States

Answer ... 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
International Arbitration