As a general matter, Delaware courts retain jurisdiction to determine substantive arbitrability – that is, whether claims are subject to arbitration under the relevant arbitration clause. Delaware courts will defer to arbitrators’ determinations of such issues, however, where the parties’ contract reflects their “clear and unmistakable” intent to do so, a standard that may be met by, among other things, contractual language that “all disputes” are submitted to arbitration and the incorporation of official arbitration rules that empower arbitrators to decide arbitrability…
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This article first appeared on Global Arbitration News by Baker McKenzie, here. The Year Ahead – our publication looking at key developments in global litigation and arbitration for 2021 – is...
By Claudia Benavides Galvis, Benjamin RoeFirst published on Thomson Reuters Practical Law Arbitration Blog, here. The principle of party autonomy is expressed and enshrined in section 34(1) of the English Arbitration Act 1996: the right of...
By Ruth HoskingIn this episode of the Arbitration Conversation Amy interviews Ashley Rafael, General Counsel, Midway Moving & Storage, Inc. Ashley is an arbitrator for the American Arbitration Association, serving on its...
By Ashley Rafael, Amy Schmitz
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