In particular, although courts had long considered contracts to arbitrate federal statutory rights to be void as against public policy, by the turn of the twenty-first century, courts had held arbitrable
nearly all statutory rights (13)--from antitrust (14) to securities.
48 Likewise, in some countries like Switzerland all aspects of IP are arbitrable
, including the validity of IP rights.
The Court granted certiorari to clarify the standard that courts should apply when reviewing an arbitrator's determination that a dispute is arbitrable
. (120) In a unanimous decision written by Justice Breyer, the Court held that the answer to this question hinges on the parties' intent.
Rufo conceded a unilateral suspension or cancellation of the concession by the government is an arbitrable
issue because it is included in the terms of their contract with the MWSS.
" We conclude that a party who has sought a stay on the basis of an arbitrable
issue is certainly aggrieved by an order denying the existence of such an issue and that such an order is final in nature.
...."); Arbitration Clause, INT'L CHAMBER OF
" JLF took the unequivocal position before the first JAMS arbitrator that, pursuant to JAMS rules, the arbitrator had the authority to adjudicate any '[j]urisdictional and arbitrability disputes, including disputes over the formation, existence, validity, interpretation or scope of the agreement under which Arbitration is sought.' All of the parties to the first JAMS arbitration submitted briefs to the arbitrator on the issue of whether the claims asserted were arbitrable
at all, and no one questioned the arbitrator's authority to decide that issue.
Article 236 provides that Article 235 is to apply to 'arbitration awards issued in a foreign country' and adds that such awards must be issued in an arbitrable
matter according to the UAE Laws and must be enforceable in the country in which it was issued.
She further stated that the allegations raised with respect to the entire transaction as also the allegations of corruption, fraud, and bribery cannot be gone into by the Arbitral Tribunal, and hence the disputes -- not being arbitrable
-- the arbitral proceedings deserve to be stayed.
(31) The trial court must resolve questions of fact as to whether there is the existence of a valid arbitration agreement, an arbitrable
issue, and whether the issue was waived.
first to whether or not the claims are arbitrable
under federal law.