Sentences with phrase «underlying arbitration agreement»

Not exact matches

Parties have also successfully challenged enforcement of awards under article V (1)(c) on the grounds that an award was based on an underlying contract which was not within the subject matter of the arbitration agreement.

Following a narrow interpretation of article V (1)(c), courts have consistently distinguished between examining the scope of the arbitration agreement itself and the scope of the underlying contract.

Nevertheless, I add some observations designed, I hope, to shed light on remand on the underlying question: is the arbitration «agreement» - including a class arbitration waiver - enforceable, or not.

Arbitrability of tax disputes, was another area of conflict, noted Hesse, given recent findings from the Ugandan and Nigerian courts that core tax claims are not arbitrable even though the underlying agreements contained an arbitration clause.

the German client in the litigation before the Russian courts commenced by the bankruptcy administrator of the client's former Russian partner in breach of the arbitration agreement in the underlying contract.

The principle underlying the doctrine of constraint is essentially the same as the principle that the waiver must be voluntary, in the sense that the arbitration agreement must not be compulsory as being required by law.