arbitrable वाक्य
उदाहरण वाक्य
मोबाइल
- Four years later, after " Rodriguez ", William C . Conner, another judge from that district, held that along with the later cases, " Mitsubishi " should be read to make domestic antitrust claims arbitrable as well; the Second Circuit affirmed without an opinion.
- In finding that the dispute was not arbitrable, the Court of Appeals said that courts should independently decide whether an arbitration panel has jurisdiction over a dispute, and that it would apply ordinary standards of review when considering the District Court's denial of respondents'motion to vacate the arbitration award.
- The Arbitration Act establishes that, as a matter of federal law, any doubts concerning the scope of arbitrable issues should be resolved in favor of arbitration, whether the problem at hand is the construction of the contract language itself or an allegation of waiver, delay, or a like defense to arbitrability.
- Two years later, in " Shearson / American Express Inc . v . McMahon ", the Court built on " Mitsubishi Motors ", and again overruled a long-standing Second Circuit precedent, holding that statutory claims of securities fraud under the Securities Exchange Act of 1934 were also arbitrable.
- In subsequent cases concerning the FAA, the Court has reaffirmed the separability principle and held that the FAA and this reading of it apply to arbitrable contracts under state law, even in cases where the contract is alleged to be arbitration in contracts in the later 20th century, not only those between businesses but between businesses and consumers as well.
- In this manner the law treats silence or ambiguity about the question " who ( primarily ) should decide arbitrability " differently from the way it treats silence or ambiguity about the question " whether a particular merits-related dispute is arbitrable because it is within the scope of a valid arbitration agreement " for in respect to this latter question the law reverses the presumption.
- Many courts besides the Fifth Circuit had chosen to disregard " Wilko " after the Supreme Court's own decision in " Shearson / American Express Inc . v . McMahon " that claims under the Securities Exchange Act of 1934, which applies to the secondary market, were also arbitrable if a contract so provided cast serious doubt on the logic of the older case.
- Shortly after " Byrd " the Court had also held for the first time, in " Mitsubishi Motors Corp . v . Soler Chrysler-Plymouth, Inc . ", that a statutory claim under the Sherman Act was arbitrable as well as a contractual one in the absence of explicit congressional intent to the contrary, overruling another widely accepted Second Circuit precedent in the process.
- In passing, the opinion noted that " . . . state courts, as much as federal courts, are obliged to grant stays of litigation under ?3 of the Arbitration Act . . . Congress can hardly have meant that an agreement to arbitrate can be enforced against a party who attempts to litigate an arbitrable dispute in federal court, but not against one who sues on the same dispute in state court ."
- However, when challenged on how the Court could reach his desired result without overruling " American Safety " and thus avoid the question of whether purely domestic antitrust claims were arbitrable, he pointed the justices to " Scherk " . " I did not read [ it ] . . . as overruling " Wilko " so much as a limitation on " Wilko " in international conduct ."
arbitrable sentences in Hindi. What are the example sentences for arbitrable? arbitrable English meaning, translation, pronunciation, synonyms and example sentences are provided by Hindlish.com.