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Laurence Shore, a partner at Gibson, Dunn & Crutcher, writes: Outside the United States, the term "arbitrability" has a reasonably precise and limited meaning: i.e., whether specific classes of disputes are barred from arbitration because of national legislation or judicial authority. However, "arbitrability" in the United States also means the preliminary question of whether an arbitral tribunal has the authority to decide, as an initial matter, that a given dispute should be submitted to arbitration for a determination of whether the arbitral tribunal has jurisdiction over the dispute. This aspect of what the United States calls "arbitrability" can be an exceedingly complicated question, both here and internationally.
June 15, 2009 at 12:00 AM
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