arbitrabilityの例文

• (b ) The Kaplans did not agree to arbitrate arbitrability.
• Did the parties agree to submit the arbitrability question itself to arbitration?
• That disagreement is about the arbitrability of the dispute.
• If so, then the court should defer to the arbitrator's arbitrability decision.
• And, that word makes clear that the Kaplans did not agree to arbitrate arbitrability here.
• The arbitrability of the Kaplan / First Options dispute was subject to independent review by the courts.
• In 1985, the Court once again heard a securities dispute where arbitrability was the central question.
• For that reason, courts should resolve any doubts about arbitrability in favor of arbitration, he wrote.
• The first question the standard of review applied to an arbitrator's decision about arbitrability is a narrow one.
• After referring to the holdings in Southland and Perry, which struck down state laws limiting agreed-upon arbitrability, we added:
• (a ) This case is governed by what the contract has to say about the arbitrability of petitioners'punitive damages claim.
• Judicial, branch . " He, too, concurred with the majority and Blackmun in regard to the RICO claims'arbitrability.
• On the other hand, the former question the " who ( primarily ) should decide arbitrability " question is rather arcane.
• Thus, the case before us comes down to what the contract has to say about the arbitrability of petitioners'claim for punitive damages.
• We agree with First Options, therefore, that a court must defer to an arbitrator's arbitrability decision when the parties submitted that matter to arbitration.
• The relevant state law here, for example, would require the court to see whether the parties objectively revealed an intent to submit the arbitrability issue to arbitration.
• The Act says nothing about standards of review . We conclude that the Court of Appeals used the proper standards for reviewing the District Court's arbitrability determinations.
• With the question of the arbitrability of contracts under state law settled, arbitration clauses began appearing in many adhesion contracts offered for employment and consumer services such as credit.
• As to the finality of the stay, he noted that the district court had more evidence in its possession to make a determination of arbitrability than the state court did.
• While the case formed an important part of the Court's expansion of arbitrability in the late 20th and early 21st centuries, it could not have reached a court today.