District Court finds it Lacks Personal Jurisdiction where Parties Agreed that Arbitrator would Determine Arbitrability

In CleanSpark Inc. v. Discover Growth Fund, the Court was faced with two contractual provisions, one establishing personal jurisdiction in the S.D.N.Y. and another requiring arbitration elsewhere, and determined that while questions of arbitrability are ordinarily determined by courts, the parties had presented clear and unmistakable evidence of their intention to arbitrate questions of arbitrability.

Read the complete story, here.

Featured Arbitrators

ad
View all

Read these next

Category

Canada – Award Challenged for Legal Error, Denial of Natural Justice After Baseball Arbitration

This article first appeared on the Arbitration Matters blog, here. In 1150 Alberni Limited Partnership v Northwest Community Enterprises Ltd., 2021 BCSC 2053, Justice Groves heard a petition to set aside...

By Lisa C. Munro
Category

Arbitration Conversation No. 8: Prof. Richard Frankel of Drexel University School of Law

In this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the Federal Litigation and Appeals Clinic at the Drexel University Thomas...

By Richard Frankel, Amy Schmitz
Category

Canada – Procedural Fairness in International Arbitration

This article was first published in the Arbitration Matters Blog, here. “Out here, due process is a bullet”, said John Wayne’s Col. Kirby in The Green Berets.  Due process. Procedural fairness....

By Myriam Seers

Find an Arbitrator