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- Title
Delegating Authority to Decide Arbitrability: The Problem with Carve-Outs.
- Authors
Bush, Thomas F.
- Abstract
The article tackles the complexity of the delegation of authority to arbitrators to decide on their own jurisdiction with the incorporation of the American Arbitration Association's Commercial Arbitration Rules and a carve-out from the scope of disputes subject to arbitration. Topics discussed include conflicting decisions on cases involving the application of an arbitration clause, differences in the language of arbitration clauses, and arbitrability in the context of deciding on delegation.
- Subjects
DELEGATION of authority; ARBITRATION &; award; ARBITRATORS; ARBITRATION clauses (Contracts); COMMERCIAL arbitration agreements; COMMERCIAL law
- Publication
Dispute Resolution Journal, 2023, Vol 77, Issue 1, p1
- ISSN
1074-8105
- Publication type
Article