International Arbitration Flashcards
What is the dispute?
commercial dispute among parties in a complex business relationship. Subcontractor did not perform K adequately. (motors failed)
What is the status of the New York convention? where is it found?
Signed and ratified by the US and incorporated into the Federal Arbitration act. Ch 2 of the federal arb act is the New York convention.
When does the New York convention govern?
international arbitration agreements and the enforcement. contracting states shall refer the parties to arbitration when the parties to an action entered into a written agreement to arbitrate and one of the parties requests such a referral.
also grants federal courts jurisdiction and focuses almost entirely on arbitral awards. Only art. II addresses agreement and only contains three sentences. It provides that the term agreements shall contain an arbitral clause signed by the parties or contained in exchange of letters or telegrams
what if a party (nonsignatory) didn’t sign the agreement to arbitrate?
the party can still be treated as a party to the K especially if the party benefits from the K.
What is the relationship between the New York Convention and principles of domestic law?
nothing is the conventions text could be read to conflict with the application of domestic equitable estoppel doctrines. It does not alter background principles of state contract law regarding the scope of agreements including who is bound by them. The traditional principles of state law include doctrines that authorize the enforcement of a K by a non-signatory.
it does not displace domestic law.
Does the convention conflict with domestic equitable estoppel doctrine?
no it does not address equitable estoppel
Did the Ks have an arbitration clause?
yes
What was petitioner, GE energy’s role?
F.L industries entered a subcontractor agreement with them
