Document Type
Book Chapter
Publication Date
6-2024
Abstract
Far greater attention is given in literature on international arbitration to limitations on the enforceability of arbitral awards than on the enforceability of agreements to arbitrate. This chapter seeks to redress the balance. While rulings on the enforceability of an award is incontrovertibly within the jurisdiction of the court asked to enforce the award, authority to determine the enforceability of an arbitration agreement is allocated between courts and arbitral tribunals themselves. The chapter seeks to determine which defenses to enforcement of arbitration agreements may be lodged before a court ("gateway issues") and which are necessarily reserved to the tribunal ("non-gateway issues").
Disciplines
Dispute Resolution and Arbitration | Law
Recommended Citation
George A. Bermann,
Gateway and Non-Gateway Issues in The Enforcement of Agreements to Arbitrate,
Recent Developments in Arbitration: Articles from the Conference Presented by the Center on Civil Justice at NYU School of Law, David Siffert (Ed.), Center on Civil Justice at NYU Law School
(2024).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/4571