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- Title
CLAUSE IN SHIPBUILDING CONTRACT PROVIDING FOR ARBITRATION OF ANY DISPUTE AS TO ANY MATTER ARISING OUT OF OR RELATING TO THE CONTRACT IS SUFFICIENTLY BROAD TO COVER ISSUES OF WAIVER OF ARBITRATION AND LACHES.
- Abstract
This article focuses on the court ruling given in World Brilliance Corp. v. Bethlehem Steel Co. case. Waiver was not considered as equivalent to refusal to perform arbitration agreement which, under Section 2 of U.S. Arbitration Act, authorizes the trial of such issue. In fact, the court held that, "nothing in the Act prevents the parties from making a binding agreement to arbitrate the defense of waiver." The court thus rejected the claim that a defense of waiver raises an issue relating to "the making of the arbitration agreement," and held that the issue of waiver of right to arbitration was correctly left to the arbitrators by the district court.
- Subjects
LEGAL judgments; ACTIONS &; defenses (Law); WAIVER; ARBITRATION &; award; COMMERCIAL arbitration agreements; SHIPBUILDING contracts
- Publication
Arbitration Journal, 1965, Vol 20, Issue 2, p119
- ISSN
0003-7893
- Publication type
Article