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…
Read the complete story here.
This article first appeared on the Securites Arbitration Alert (SAA) Blog here. FINRA has issued a Regulatory Notice reminding industry parties on the proper use of predispute arbitration agreements (“PDAA”)...
By George FriedmanFirst 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 HoskingThis article was first published in the Arbitration Matters Blog, here. In Isagenix International LLC v. Harris, 2023 BCCA 96, Justice Griffin, for the British Columbia Court of Appeal, upheld an...
By Joanne Luu
With the purchase of a Featured Membership, you will be shown on the front page of Arbitrate.com to web site visitors from your city and region (“state” if you are in the USA). You may appear in more than one city/region by purchasing additional locations.
