About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

LOG IN
LOG IN


Case Citation [i] (July 2016 through April 2017)

handle is hein.ali/aliuslaw0018 and id is 1 raw text is: THE U.S. LAW OF INTERNATIONAL COMMERCIAL ARBITRATION CHAPTER 1. DEFINITIONS TOPIC 1. DEFINITIONS § 1-1 Definitions C.A.D.C.2016. Subsec. (e) quot. in case quot. in sup. (citing § 1-1 of T.D. No. 1, 2010). Medical- technologies company filed an action against the Czech Republic under the Federal Arbitration Act, seeking to enforce an arbitration award it obtained against defendant based on the Czech Ministry of Health's breach of its duties to plaintiff under an informal cooperative arrangement related to the production of fractionated blood plasma. The district court dismissed the case sua sponte for lack of subject-matter jurisdiction, finding that the relationship between the parties was not commercial in nature, and that the Act therefore did not apply. Reversing and remanding, this court held that plaintiff had satisfied its burden of showing that its arbitration award was governed by the Act, because plaintiff had a legal relationship with defendant and the relationship was commercial in nature, even if it was not a formal contractual relationship. The court noted that, under Restatement of the Law, The U.S. Law of International Commercial Arbitration § 1-1 (T.D. No 1, 2010), a matter could be commercial even if it was not contractual, so long as it had a connection with commerce. Human v. Czech Republic-Ministry of Health, 824 F.3d 131, 137. CHAPTER 2. ENFORCEMENT OF THE ARBITRATION AGREEMENT TOPIC 2. DEFENSES TO ENFORCEMENT OF AN ARBITRATION AGREEMENT § 2-12. Non-Existence of Arbitration Agreement E.D.Pa.2016. Rptr's Note (d) cit. in sup. (citing § 2-12, Rptr's Note to com. (d), of T.D. No. 4, 2015). After a frozen sprinkler pipe burst and damaged buyers' new home, insurer, as buyers' subrogee, brought contract and tort claims against developer and others that were responsible for building the home. This court granted defendants' motion to compel insurer to arbitrate pursuant to buyers' agreement of sale. The court rejected plaintiff's argument that the parties never formed an agreement to arbitrate, holding that, although the text of the arbitration clause did not contain clear and unmistakable evidence that the parties intended to arbitrate threshold questions of arbitrability, the agreement of sale was clearly supported by consideration that flowed to buyers, and the arbitration clause contained in the agreement of sale was therefore enforceable. The court cited Restatement of the Law, the U.S. Law of International Commercial Arbitration § 2-12 in noting that, when the parties to an arbitration agreement disputed whether any agreement to arbitrate was ever concluded, they could only be compelled to eA ym For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.