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8 - Developments in the Apportionment of Jurisdiction Between Arbitrators and Courts Concerning the Validity of a Contract Containing an Arbitration Clause, and Transformations: Regarding the Severability Doctrine

Published online by Cambridge University Press:  18 June 2020

Pedro J. Martinez-Fraga
Pedro J. Martinez-Fraga
Affiliation:
Bryan Cave, LLP
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Summary

Chapter eight discusses developments in the apportionment of jurisdiction between arbitrators and courts concerning the validity of contracts containing arbitration clauses, as well as developments pertaining to the severability doctrine and its connection to the U.S. common law on adjudicating challenges to the arbitral tribunal’s jurisdiction. The issue of orthodox and U.S. common law arbitrability as a gateway issue also is reviewed.

Keywords

U.S. Arbitration HistoryEnglish arbitration historyU.S. common law of international commercial arbitrationU.S. history of international arbitrationCommerce Clause and international arbitrationFederal Arbitration Actvacatur arbitral awardsrecognitionenforcement arbitration awardsIBA Rules on the Taking of Evidence in International ArbitrationPrague Rulesmanifest disregard of the lawcompetence–competenceapportionment of jurisdiction between courts and arbitral tribunalsseverability doctrineoath taking in arbitrationperjury in arbitrationfederal preemption doctrinediscovery in aid of execution of arbitral awarddevelopment of arbitrationarbitrator immunityarbitrator liabilityjudicial immunityjudicial liabilityUniform Arbitration ActCivil War and arbitrationReconstruction amendments and arbitrationpost–Civil WarSupreme Court and arbitrationCivil War Reconstruction and arbitrator immunityCivil War Reconstruction and judicial immunityCivil War Reconstruction and judicial liabilityarbitration forum selection clausearbitration and the U.S. Supreme Courtfederal law and arbitrator immunitystate law and arbitrator immunityarbitration settlement
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Information
The American Influence on International Commercial Arbitration
Doctrinal Developments and Discovery Methods
 , pp. 311 - 337
Publisher: Cambridge University Press
Print publication year: 2020

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