Non Signatory To Arbitration Agreement

Mr. Popovic`s judicial experience includes a wide range of commercial disputes, including consumer quality remedies, economic criminal cases (including domestic investigations) and international dispute resolution (including international arbitration and litigation) and advice. Mr. Popovic has developed expertise on legal issues related to environmental marketing as well as at the federal level. The U.S. Court of Appeals for the Eleventh Circle overturned the binding arbitration decision and stated that Article II of the New York Convention „requires the parties to effectively sign an agreement to settle their disputes in order to impose arbitration“ (highlighted in the original). In a footnote, eleventh Circuit confirmed that an agreement „may be signed by the parties“ if it is „signed by the insider of a party or incorporated by reference into an arbitration agreement.“ However, the doctrine on which GE Energy relied to impose an arbitration procedure – „Equitable Estoppel“ – was not covered by this separation and was therefore contrary to the obligation to sign In Article II. The Eleventh circuit therefore decided that GE Energy could not impose arbitration proceedings. The impact of the Equitable Estoppel doctrine was concerned in the U.S. Ge Energy Support Administration`s Amicus filing, in which it argued that „any attempt to bequeath a sovereign nation to an arbitration agreement without a signatory would raise unique concerns that support the conclusion that doctrines such as Fair Estoppel and invoked third-party status would not be (p. 12). .

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