may be familiar with the effective use of arbitration in family law, 60 there are many countries where family or domestic disputes are not arbitrable
as a matter of public policy.
For example, as noted, before Rent-A-Center, several courts did not allow arbitrators to decide unconscionability challenges because of their "self-interest in deciding that a dispute is arbitrable
." (149) After Rent-A-Center, these same courts have reluctantly acknowledged that their previous rulings "discriminate!] against arbitration, putting agreements to arbitrate on a lesser footing than agreements to select any judicial forum for dispute resolution." (150) Thus, they have "reject[ed] the argument, however practical it may be, that an arbitrator will be unable to determine the question of arbitrability because he or she may potentially be driven by an ulterior interest in keeping the case in arbitration to generate fees." (151)
It is now firmly established that competition law issues are arbitrable
(32) The Court made it clear that "[h]aving made the bargain to arbitrate, the party should be held to it unless Congress itself has evinced an intention to preclude a waiver of judicial remedies for the statutory rights at issue." (33) With that, the Court promulgated a two-part test to determine if a statutory claim is arbitrable
. First, does the parties' agreement to arbitrate reach the statutory claims?
and non-arbitrable claims arise out of the same
Although courts could have minimized the broad power of the FAA by construing it narrowly, the Supreme Court "used [the statute] to push a radically pro-arbitration agenda." (31) In a series of decisions, the Supreme Court broadened the contours of the FAA and expanded the range of arbitrable
claims by effectively ending the persisting "suspicion of arbitration" that existed with regard to statutory claims.
Le merite revient en partie a la bonne production arbitrable
. Les statistiques sont egalement la pour le prouver et peut-etre dissuader les porteurs de discours pessimistes.
concerning whether a particular issue is arbitrable
, that is, falling
(166) Most directly applicable to our discussion, the Court held that antitrust claims were arbitrable
in Mitsubishi Motors Corp.
Dans les deux cas, le caractere arbitrable
des differends portant sur la paternite est plus difficilement reconnu en France qu'au Canada, oU il ne fait desormais aucun doute que l'action en contrefacon ou en violation du droit moral peut etre soumise a l'arbitrage, comme aux Etats-Unis (65).
arbitration with respect to FRAND-based claims arising from the patent-holder's participation in the Blu-Ray Disc Association only) ("Unlike the broad arbitration clauses discussed above, pursuant to which all disputes merely 'touching]' arbitrable
matters must be referred to arbitration, the arbitration clause in the instant case provides only that 'any dispute between a Member and another Member over whether the Member is offering a license under its Essential Patent(s) on fair, reasonable and non-discriminatory terms and conditions within the context of the provision of 16(4) shall be [arbitrated].'").
Este precio tiene que ser "no arbitrable
" con la otra via.