Jump to Content Jump to Main Navigation

Part II Legal Framework: Courts, Statutes and Treaties, A Arbitral Jurisdiction, 2 The Arbitrability Dicta in First Options

From: Arbitration of International Business Disputes: Studies in Law and Practice (2nd Edition)

William W. Park

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 19 April 2024

In May of 1995 the U.S. Supreme Court handed down a significant decision about the allocation of functions between judges and arbitrators. First Options of Chicago v. Kaplan1 arose from an arbitral award rendered against both an investment company and its owners with respect to debts owed to a securities clearing house. The owners argued that they had never signed the arbitration agreement from which the arbitral tribunal drew its power, and consequently were not bound by its award. The Supreme Court held that the scope of the arbitration agreement was a matter...
Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.