United States Judicial Conference, Administrative Office, and Federal Judicial Center and the "Protecting American Small Business Trade Act of 1998": Hearing Before the Subcommittee on Courts [and Intellectual Property] of the Committee on the Judiciary, House of Representatives, One Hundred Fifth Congress, Second Session, on H.R. 3578, June 11, 1998U.S. Government Printing Office, 2000 - 184 pages |
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Popular passages
Page 116 - Arbitration agreement' is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not.
Page 116 - A written provision in any maritime transaction or a contract evidencing a transaction involving commerce to settle by arbitration a controversy thereafter arising out of such contract or transaction...
Page 90 - The court of a Contracting State, when seized of an action in a matter in respect of which the parties have made an agreement within the meaning of this article, shall, at the request of one of the parties, refer the parties to arbitration, unless it finds that the said agreement is null and void, inoperative or incapable of being performed.
Page 141 - ... arising out of such a contract, transaction, or refusal, shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any...
Page 120 - The goal of the Convention, and the principal purpose underlying American adoption and implementation of it, was to encourage the recognition and enforcement of commercial arbitration agreements in international contracts and to unify the standards by which agreements to arbitrate are observed and arbitral awards are enforced in the signatory countries.
Page 141 - A claim under the antitrust laws is not merely a private matter. The Sherman Act is designed to promote the national interest in a competitive economy; thus, the plaintiff asserting his rights under the Act has been likened to a private attorney-general who protects the public's interest.
Page 141 - State with or for the benefit of a private party to submit to arbitration all or any differences which have arisen or which may arise between the parties with respect to a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration...
Page 141 - Each Contracting State shall recognize an agreement in writing under which the parties undertake to submit to arbitration all or any differences which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not, concerning a subject matter capable of settlement by arbitration. 2. The term "agreement in writing...
Page 116 - We cannot have trade and commerce in world markets and international waters exclusively on our terms, governed by our laws and resolved in our courts.
Page 111 - Moses H. Cone Memorial Hospital v Mercury Construction Corp., 460 US 1, 24...