Crucially, the Investment Treaty contained an arbitration clause
, which stated that in the event of an unresolvable dispute between an 'investor' under the Treaty and the host country, the dispute could be referred to ICSID for resolution (there was also an ICSID arbitration clause
in the Agreement).
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A group of insurance policy purchasers and rival insurance agents who are suing a gaggle of big insurance companies for allegedly failing to train and supervise an insurance broker who committed fraud will not be bound by a mandatory arbitration clause
in the contract between the brokerage and the insurance companies whose policies they sold, the South Carolina Supreme Court has ruled.
'Thus, even if the loan agreements with China do not contain the waiver-of-immunity provision, the arbitration clause
in the accords already imply a waiver of immunity from suit,' Agabin added.
Jurisdictions are divided over whether courts or arbitrators should perform a task known as "clause construction"--determining whether an arbitration clause
that does not mention class actions permits such procedures.
An order to arbitrate the particular grievance should not be denied unless it may be said with positive assurance that the arbitration clause
is not susceptible of an interpretation that covers the asserted dispute.
Where the plaintiff university brought suit over a lease of land to the defendant, the litigation must be stayed, as the dispute is within the scope of the lease's arbitration clause
"Defendants moved to dismiss and compel arbitration, citing the 2017 Agreement's arbitration clause
An arbitrator must interpret the arbitration clause
in the parties' contract and determine whether it is impossible to conduct arbitration within the clause's terms.