14 abr Us Supreme Court Arbitration Agreements
The lone arbitration by the Supreme Court`s Docket 2019-20 raises the question of whether the Convention on the Recognition and Enforcement of Foreign Arbitration Awards (the New York Convention), as codified in Chapter 2 of the FAA, allows a party that has not signed an arbitration agreement to compel the signatories of the agreement to arbitrate against it. In April 2019, the U.S. Supreme Court considered in Lamps Plus, Inc. /Varela, whether a court can order class arbitration when an arbitration agreement on the subject is ambiguous. On appeal, following the assignment of legal proceedings, the Supreme Court accepted the ninth arrondissement`s conclusion that Varela`s arbitration agreement was ambiguous with respect to class arbitration. It found, however, that «an ambiguous agreement cannot provide the necessary contractual basis for mandatory class-wide conciliation under the FAA.» Invoking the «fundamental» difference between the class arbitration procedure and the individualized form of arbitration provided for by the FAA – that is, the first one that lacks the efficiency, simplicity and speed of the FAA – the court found that it could not infer the Agreement of Lamps Plus to participate in a class arbitration procedure without a clear and positive agreement. The Court then drew a broader principle from this reasoning, namely that the New York Convention defines the «basic conditions» for the recognition of foreign arbitration awards and «does not preclu her application of more generous national laws in the application of arbitration agreements.» 6 It therefore decided that Chapter 1, when the New York Convention was silent on an issue, would play a flawed role in cases within the scope of Chapter 2. However, the second circle cautioned that an injunction that would make it mandatory to present documents was not an obvious conclusion and that courts were still required to consider a number of factors to determine whether they should in fact exercise their discretion, including whether the location of the documents would render compliance unduly painful. In this article, we discuss four important developments in U.S.
arbitration jurisprudence last year, which (1) increased availability of American-style discovery in international arbitrations 28 U.S..C. 2. 2. if non-signatories to an arbitration agreement can impose an arbitration procedure on the basis of a fair estoppel; (3) the availability of class-level arbitration where the arbitration agreement is ambiguous; and (4) the ongoing use of the U.S. District Court for the District of Columbia as a venue for icSID premiums. This decision comes on the heels of another 5-4 Supreme Court decision of the last term, Epic Systems Corp. v. Lewis, in which the court upheld the applicability of class actions waiving arbitration agreements. The Tribunal first found that the Federal Arbitration Act (FAA) did not exclude, in internal arbitration proceedings, the application of the underlying principles of contract law, which encompass doctrines such as a just Estoppel and authorize the performance of the contract by a non-signing.