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Ch.6 Jurisdiction: Courts vs. Arbitrators

Professor George A. Bermann

From: International Commercial Arbitration in New York (1st Edition)

James H. Carter, John Fellas

A newer edition of International Commercial Arbitration in New York is available. Latest edition (2 ed.)
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From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 April 2024

Subject(s):
Appointment of arbitrator — Jurisdiction — Arbitral agreements — Awards
The problem of arbitral jurisdiction, while easily stated, is not easily resolved: What is the optimal allocation of authority between courts and arbitrators in interpreting an arbitration agreement and determining whether it is valid, applicable and enforceable? This chapter assesses the allocation of authority in New York, a matter largely governed, in view of its subject, by federal law. It examines the different scenarios in which the question arises, attempting to describe the degree of independent judgment or deference that courts and arbitrators exercise in...
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