CIDRA's Marc J. Goldstein: Arbitration Commentary

Syndicate content
A discussion on arbitration and law
Updated: 31 min 53 sec ago

Litigation Conduct Waivers and the New York Convention

Wed, 2018-10-03 14:10

Today’s post concerns waiver of the right to arbitrate by an ambivalent plaintiff in a US District Court, and under what conditions it might be appropriate for a US District Court, applying the New York Convention and FAA Section 206 (governing motions to compel arbitration under arbitration agreements covered by the Convention), to decide that such a waiver by virtue of the litigation conduct of the plaintiff renders an arbitration agreement “null and void” (or “inoperative”) under Article II (3) of the Convention*. Every sermon needs its text, and today our text is a recent case from Silicon Valley: Hebei...
Read More »

The post Litigation Conduct Waivers and the New York Convention appeared first on Marc J. Goldstein - Arbitration & Mediation.

New US Law Uncertainty About Nonsignatories

Tue, 2018-09-11 13:47

The New York Convention mandates that an “agreement in writing,” as defined in Article II (2), shall be recognized by Contracting States, and that the court of a Contracting State shall refer the parties to arbitration when there is an action before the Court as to which such an agreement has been made. (Article II, subsections (1) and (3)). But if a US District Court has subject matter jurisdiction based on FAA Chapter Two (implementing the Convention), is an “agreement in writing” as defined in Article II the only form of arbitration agreement the Court may enforce?  A decision at...
Read More »

The post New US Law Uncertainty About Nonsignatories appeared first on Marc J. Goldstein - Arbitration & Mediation.

Our “Notions of Morality and Justice”: How “Basic” Must They Be?

Thu, 2018-07-05 17:49

Imagine with me, readers: A sovereign foreign State — India, for the sake of discussion — attracts the interest of a US enterprise to conduct a search for offshore hydrocarbon deposits and, if any are located, to determine their commercial viability. The State cedes aspects of its sovereignty contractually, in a number of ways. First, it gives the exploration outfit rights of occupancy for exploration purposes on a defined block of the State’s offshore waters. Second, it extends the period of the concessionaire’s right to be physically present on the block for an agreed period after hydrocarbon discovery in order...
Read More »

The post Our “Notions of Morality and Justice”: How “Basic” Must They Be? appeared first on Marc J. Goldstein - Arbitration & Mediation.