arbitrable

Specifically, he questioned whether the federal claims were indeed not arbitrable.

Could it be used to defeat the contracts even if they were held arbitrable?

"Now that they've decided that's our case, they say it's not arbitrable.

Sherman Act claims are arbitrable, even when contract calls for arbitration before a foreign panel.

For example, until the 1980s, antitrust matters were not arbitrable in the United States.

In some disputes, parts of claims may be arbitrable and other parts not.

Securities class action claims, however, are not arbitrable.

The federal courts likewise have the power to enjoin a union from striking over arbitrable disputes.

The set of arbitrable issues is dependent on the type of position the employee has in the managerial hierarchy.

The district court could decide the dispute was not arbitrable, Brennan observed, which would put all the parties in state court as the hospital hoped.

Writing for the panel, Goodwin reviewed the relevant law on securities cases that mixed arbitrable state claims with non-arbitrable federal one.

Stopping just short of overruling Wilko directly, she suggested that claims under section 12(2) of the 1933 act might still not be arbitrable.

Securities fraud claims under the Securities and Exchange Act of 1934 are arbitrable.

This, Stevens noted, was the first time the Court had held a statutory claim, as opposed to a merely contractual one, to be arbitrable.

"The Times has demanded arbitration of what is not an arbitrable issue," Judge McKenna wrote.

Since Mitsubishi had explicitly avoided the question of whether purely domestic antitrust claims were arbitrable, lower courts mostly proceeded with caution.

Citing Byrd, it held that the state-law claims were arbitrable even if it bifurcated the proceedings.

Caldwell's June 2000 legislation expanded the range of arbitrable issues, but did not put teacher contracts under the Labour Relations Act.

Both of those dissents concurred in the holding that the RICO claims were arbitrable.

"The arbitrator always has an interest in finding that the contract is valid and arbitrable because that's his source of business - arbitrating disputes", said the latter.

The Convention had fully anticipated that signatory nations had or were likely to declare, through their own laws, that certain disputes were not arbitrable. "

It told the district court to stay even the RICO claims, however, pending the outcome of McMahon at the Supreme Court (which ruled them arbitrable).

Once a labor agreement expires, Chuck O'Connor, general counsel of the owners' labor relations committee, said, "except for certain types of cases, disputes aren't arbitrable unless both sides agree."

Matters relating to crimes, status and family law are generally not considered to be arbitrable, as the power of the parties to enter into an agreement upon these matters is at least restricted.

Since, as the Mitsubishi majority had found, the alleged bad acts arose from the activities covered by the contract, all save the RICO and tortious interference claims were arbitrable.