In USA, legislative amendments to the Federal Arbitration Act (chapter 1 of title 9 of the United States Code) are pending in Congress. The full measure is available on Blackboard.
Discuss what the paragraphs quoted below would do to the doctrine of Kompetenz-Kompetenz.
Is this a solution that can be applied also to commercial arbitration agreements?
`(b) No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of--
`(1) an employment, consumer, or franchise dispute; or
`(2) a dispute arising under any statute intended to protect civil rights.
`(c) An issue as to whether this chapter applies to an arbitration agreement shall be determined by Federal law.
Except as otherwise provided in this chapter, the validity or enforceability of an agreement to arbitrate shall be determined by the court, rather than the arbitrator,
irrespective of whether the party resisting arbitration challenges the arbitration agreement specifically or in conjunction with other terms of the contract containing such agreement.
Discuss the relationship between the doctrines of separability and Kompetenz- Kompetenz and their significance in international arbitration practice and in English
A Ltd is a company incorporated in England. B Ltd is a company incorporated in India.
A Ltd and B Ltd enter into a joint-venture agreement for the production of semiconductors in a factory in the Southeast of China. Your firm is acting for A Ltd. Your task is to advise on the dispute resolution clause. A Ltd’s instructions are very general. They simply state that they strongly prefer arbitration to litigation and would like to limit any involvement of national courts in deciding the merits of any dispute. They would like you to draft a dispute resolution clause which may b
Is the problem of incorporation adequately addressed in international arbitration practice... [continues]
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