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Matters relating to crimes, status and family law are generally not considered to be arbitrable, as the power of the parties to enter into an agreement upon these matters is at least restricted. However, most other disputes that involve private rights between two parties can be resolved using arbitration.
Where there is an arbitration agreement, doubts concerning "the scope of arbitrable issues should be resolved in favor of arbitration", [7] but issues regarding whether a claim falls within the scope of arbitrable issues is a judicial matter, [8] unless the parties have expressly agreed that the arbitrator may decide the scope of his or her own ...
Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. ___ (2019), was a case decided by the Supreme Court of the United States on January 8, 2019. The case decided the question of whether a court may disregard a valid delegation of arbitrability—a contract provision stating that an arbitrator should decide whether a dispute is subject to arbitration—when the argument in favor of ...
the award deals with an issue not contemplated by or not falling within the terms of the submission to arbitration, or contains matters beyond the scope of the arbitration (subject to the proviso that an award which contains decisions on such matters may be enforced to the extent that it contains decisions on matters submitted to arbitration ...
Sherman Act claims are arbitrable, even when contract calls for arbitration before a foreign panel. Shearson/American Express Inc. v. McMahon, 482 U.S. 220 (1987). Securities fraud claims under the Securities Exchange Act of 1934 are arbitrable. Perry v. Thomas, 482 U.S. 483 (1987) Volt Inf. Sciences v. Stanford Univ., 489 U.S. 468 (1989 ...
(Reuters) -A U.S. appeals court on Friday held that a trial judge correctly found that American Airlines' now-scrapped U.S. Northeast partnership with JetBlue Airways violated federal antitrust ...
The question in this case, however, is not whether Congress may fashion federal substantive rules to govern questions arising in simple diversity cases. Rather, the question is whether Congress may prescribe how federal courts are to conduct themselves with respect to subject matter over which Congress plainly has power to legislate.
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