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- Title
MARYLAND -- MOTION TO COMPEL -- ARBITRABILITY UNDER UNIFORM ARBITRATION ACT -- BROAD ARBITRATION CLAUSE.
- Abstract
This article focuses on the court ruling on the case "Bel Pre Medical Center Inc. v. Frederick Contractors Inc." The law states that where a court is asked to compel arbitration the sole issue is whether there is an agreement to arbitrate and under a broad arbitration clause all issues are arbitrable unless expressly and specifically excluded, and where the language is ambiguous or the issue of timeliness is involved, these issues are also for the arbitrator. The Court of Special Appeals reversed the trial courts judgment which had permanently enjoined the parties from proceeding with arbitration and had decided the issues after making a judicial determination that arbitration had not been demanded within a reasonable time. After noting that neither Maryland nor any other state which had adopted the Uniform Arbitration Act had decided the issue of whether the question of compliance with the procedural prerequisite of a timely demand growing out of the arbitrable dispute should be determined by the arbitrator or a court, the court cited with approval John Wiley & Sons, Inc. v. Livingston, 376 U.S. 543 (1964) for guidance.
- Subjects
MARYLAND; ARBITRATION &; award; ACTION &; defense cases; BEL Pre Medical Center Inc.; FREDERICK Contractors Inc.; JUDGMENT (Psychology); JOHN Wiley &; Sons Inc.
- Publication
Arbitration Journal, 1974, Vol 29, Issue 3, p209
- ISSN
0003-7893
- Publication type
Article