טיעון שלי בנושא בוררות מסחרית בינ״ל הכולל התייחסות לנושאים רבים הקשורים לאמנה ולחוק:

2.1

The legal framework

Article 16 of the IAA[1] adopts the Model law[2] (with exceptions) and Article 1 defines its scope of application as follows:

"This Law applies to international commercial2 arbitration...

              (3) An arbitration is international if:

(a)       the parties to an arbitration agreement have, at the time of the conclusion of that agreement, their places of business in different States;.."

In our circumstances we are dealing with a commercial dispute in Sydney between companies from different countries and therefore the IAA applies.

"separability" and "competence"

Article 16 of the Model Law establishes the principles of "competence" and "separability" (respectively) as follows:

"The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause".

Therefore, the arbitrator has the authority to determine whether the arbitration agreement applies, and in separate from the validity of the contract itself.

Choice of law

J Allsop recently[3] referred to the choice of law (based on Australian case law) with regard to the validity of the arbitration agreement, in the following words:

"The now embedded notion of separability …makes unreliable any assumption that the law governing the substantive contract will always be the law to govern the agreement to arbitrate. The choice may be different and deliberate – express or implied. … If no precisely directed choice be made by the parties (expressly or impliedly), the available approaches …If one gives proper weight to the underlying and fundamental notion of separability, the law of the seat can be seen to be a more appropriate approach than the law of the substantive contract. ..This approach seems to have broad support. "

But in our case, it seems not so relevant - no argument was raised against the arbitration agreement, and in Rinehart[4] the court referred to similar scenario in the following words:

"388 Thus, to the extent that there can be said to be any separate attack on the arbitration agreements, such attack is limited to the asserted misleading of Ms Rinehart and Mr Hancock by not telling them that the arbitration process would be private and would have to be paid for...  All the other factual complaints are directed to the substantive deeds and are not separately directed to the arbitration clauses."

For the same reason, our arbitrator should reject the argument.

 2.2 Independence and impartiality

Article 12 of the Model law, sets out the grounds for challenge, as follows:

(1)...appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. .. and throughout the arbitral proceedings, shall without delay disclose any such circumstances ..

(2)       An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence,..

 

However, s18A of the IAA provides that:

 "For the purposes of Article 12(1) of the Model Law, there are justifiable doubts as to the impartiality or independence of a person approached in connection with a possible appointment as arbitrator only if there is a real danger of bias on the part of that person in conducting the arbitration."

It is important to note that at least when it comes to the disqualifications of judges, the Australian courts abandoned the English[5] test and applied the “reasonable apprehension test", yet many believe that in most cases this has no practical consequences[6]. Accordingly, the interpretation of the term for the purposes of s18A is not entirely clear in the Australian case law (especially in the event that the parties have agreed otherwise).

The UNCITRAL Rules

Article 12 and 11 of the UNCITRAL rules adopted here by the parties apply the justifiable doubts on the arbitrator similar to the Modal Law. However, the IAA - which is non-dispositive- prevails in case of contradiction[7] (in accordance with the lex arbitri on this matter).

 

The IBA Guidelines[8]

The IBA Guidelines constitute (inter alia) an indicative list of cases and norms of impartiality and independence of arbitrators.

The Red List indicates non-waivable and waivable (by the parties - positively) situations of impartiality and independence, the Orange List indicates waivable (positively or not) situations in which the arbitrator obligated to disclose, and the Green List indicates situations in which there is no appearance of independence or conflict of interest.

The Guidelines are widely accepted by the courts[9], though they do not bind the partis) that did not choose them (. The Guidelines meant to harmonize norms in order to prevent, for example, a situation in which arbitral awards will not be enforced in other countries. The rationale behind the broad adoption of the rules is, inter alia, that a "reasonable person" will expect to act accordingly. And yet, not long-ago an English court [10] decided not to disqualify an arbitrator that, according to the rules, was supposed to resign.

The duty to render an enforceable award

It is important[11] that the arbitrator (or court) decide on his or her disqualification (or duty of disclosure), taking into account the outcome of his decision as to the possibility of enforcing the award in countries that impose other norms (as the Model Law and the Convention[12] (as and if adopted) provide "public policy" exaptation).

For example, a court in Hong Kong recently refused to enforce an award due to "apprehension of apparent bias" despite the fact that the arbitrator has already been unsuccessfully challenged in an English court. The court ruled that the fact that the matter was discussed in England is a “very strong policy consideration” and yet the award still cannot be enforced in Hong Kong.

The obligation to disclose even when there are no grounds for disqualification

For the above reasons[13], it is not difficult to understand why there is an obligation to disclose even when the arbitrator believes that there is no cause for disqualification. This was also recently ruled by the Court of Appeal in England[14], and in the Bingham case.

Holding of shares of a party

The IBA Guidelines

Three scenarios from the IBA list are relevant:

Red non waivable - 1.3 "The arbitrator has a significant financial or personal interest in one of the parties, or the outcome of the case"

Orange- 3.5.1 "The arbitrator holds shares ..constitute a material holding in one of the parties, ..this party or affiliate being publicly listed".

Green-  4.4.2 "The arbitrator holds an insignificant amount of shares in one of the parties, . which is publicly listed."

Australian law

With regard to the disqualifications of a judge, it was held[15] that only when the outcome of the litigation would result in a change in the value of the shares held by the judge should he disqualify himself. In Clenae Pty V ANZ [16]it was held that the judge had no financial interest in the outcome of the litigation, and the judgment was not annulled even though the judge did not reveal that he held (significantly) shares in ANZ, and because the Bank's paid share capital was 1,539,440,677$. There was minority opinion tough that believed that there was no independence of the judge. The judgment also mentioned other countries approaches in (e.g., New Zealand), according to which the judge must disqualify himself if it is not a negligible holding (regardless of the financial interest test).

From the general to the specific

In our case it is quite clear that the holding is not negligible, but on the other hand it is a public company, so it is not certain that there is a direct financial interest in the outcome of the litigation (probably not).

The seat is in Sydney but, as noted, the arbitrator should also consider the countries in which the award could be enforced (Singapore and maybe New Zealand). In New Zealand, if the holding is more than de- minimis, it is enough to bring to disqualifications, and in Singapore, the criterion in the IAA corresponding law is different[17].

According to the IBA rules, since the shares are of a public company, then apparently there is no financial interest and its waivable.

Therefore, it is best for the arbitrator to disclose the fact that he is a shareholder and to ask the parties to approve him positively to continue in his position (unless he has a material financial interest).

2.3

The above regarding the arbitrator authorization and the choice of law (in the absence of an explicit choice) are also true in this matter.

Article 14 of the UNCITRAL Model Law on International Commercial Conciliation (2018) was not yet been adopted in Australia (or in New Zealand and Singapore) but this does not mean that courts or arbitrators do not need to enforce such tiered dispute resolution clauses.

The problem with the contractual clause is that the term "negotiations in good faith" is abstract. However, in United v Rail[18] the Court referred to a previous judgment in England, in the following words:

"I reject the notion that such a contract is unknown to the law ... in some circumstance a promise to negotiate in good faith will be enforceable, depending upon its precise terms.... "

Accordingly, in Hooper[19] the court found that arbitration should be stayed as there was a clear clause and a suitable procedure for the negotiations pre -arbitration. In Aiton[20] it was emphasized that in order to enforce similar stipulations, there should be clear agreement that this is a preliminary stage before arbitration / litigation.

In our circumstances, we have binding contractual stipulations ("must"), a clear procedure (senior representatives[21]) and a duration (7 days), and therefore this procedure must be met. The arbitrator must stay the proceedings and refer the parties to negotiations.

It is important to note that insofar as the parties wish the arbitrator to participate in the negotiations, he must obtain their written consent after the negotiating process has been exhausted as long as they wish him to continue to serve as an arbitrator[22].

2.4

All of the above regarding the appropriate law and the considerations guiding the arbitrator are also true here. The relevant examples from the IBA guidance are (in the waivable red list):

2.3.8 The arbitrator has a close family relationship with one of the parties, or with a manager, director ... 2.3.9 A close family member has a significant financial or personal interest in one of the parties"

The matter here is clearer and more related to the independence of the arbitrator, and therefore the arbitrator is required to disclose and obtain the consent of the parties.

It should be noted that the arbitrator also has a general and contractual obligation to complete his job, and therefore, and from the above considerations, if the parties agree, he must continue.

Liability and immunity in the absence of consent

Article 16 to the UNCITRAL Rules (which the parties adopted) provides that: “Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, ..

In accordance with the above, the applicable law is probably the law of the seat (lex arbitri[23]).

Section 28 to the IAA provides that:" (1) an arbitrator is not liable for anything done or omitted to be done by the arbitrator in good faith in his or her capacity as arbitrator" (and it should also be noted that S 25 to the Singaporean IAA provides that: "An arbitrator shall not be liable for negligence .; New Zealand courts have granted even greater immunity[24]).

Hence, the arbitrator must reveal the connection to his son. If he resigns against their will, he may be liable[25], as this (resignation) is not done in his capacity as arbitrator and without justification.

On the other hand, if the arbitrator resigns due to the parties' refusal to continue his appointment, there are two scenarios:

A.   If the non-discloser of the relationship was done in good faith (which is unlikely in view of the closeness to his son) - he is not liable to the parties and will be immune.

B.    On the other hand, if he knew - he might be liable, since the concealment during his capacity was done in bad faith.

Naturally, there are not many precedents in case law, but in the past, there was such case[26] (in Australia) in which an arbitrator was obliged to compensate the parties for non-disclosure (yet, under a former act[27] -narrower).

4.

Section 7(2) of the IAA[28] requires the court, at the request of a party, to order a stay of proceedings or part of them, inasmuch as it "involves the determination of a matter that, in pursuance of the agreement, is capable of settlement by arbitration". In addition S7(4) provides: "For the purposes of subsections (2) and (3), a reference to a party includes a reference to a person claiming through or under a party."

The term "Arbitration agreement" is defined as:

"an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. ..

(2)        The arbitration agreement shall be in writing.

(3)        An arbitration agreement is in writing if its content is recorded in any form, whether or not the arbitration agreement or contract has been concluded orally, by conduct, or by other means."

 

In our case s7(1)(d) also applies (as Bernard’s Ovens and Mr. Bernard are domiciled in or are an ordinary resident of France- a Convention country).

The main questions to be discussed first are whether there is an "arbitration agreement" and who the parties are:

The applicable law with regard to the arbitration agreement

Absence of a specific express provision (see discussion above) – lex fori. This was also recently held in the Jasmin[29]case, specifically on the question of "partyhood".

In our case, the agreement "concluded" orally (acceptance), and was written down. As quoted above, there is no need to sign and according to Australian contract law the agreement is valid if it meets the "certainty" requirement. In our case there is agreement to arbitrate, on the seat and the institution (ACICA) so it seems that the minimal requirement been met. This was also held in a recent US case.[30]

The parties to the agreement

It is not obligatory that the names of the parties be mentioned in the arbitration agreement (only the content) and therefore it has already been held that unsigned parties may be parties to an arbitration agreement in accordance with the definition in the convention[31].

It can be assumed that Mr. Pompidou's intention was to contract on behalf of the company (an assumption that an organ acts for the company) and it appears that this was also Mr. Angelo's intention (as Baguette Ovens was sued).

Therefore, it is Baguette Ovens that can appeal to the Court by virtue of Art 7 above (or Art 8 to the Model law) with a request to stay proceedings and / or to refer to arbitration.

Nevertheless, there are a number of legal doctrines according to which Mr. Bernard can claim that he is also a party to the arbitration agreement and request the same:

Corporate ties and piercing the corporate veil

As stated, the Director is a separate legal entity, and no allegations have been made of misuse of the corporate veil. Yet, in certain cases, the courts have tended to allow the shareholder or a related company to enforce an arbitration clause, especially in cases of a strong "relationship" with the subsidiary or same agreement. In Australia, in IMC v Altain[32], similar claim was rejected by the court - it was held that a related company was not conducted as an alter ego of the signatory party. Nevertheless, in our case the company is probably small (also bears the name of the owner) and Mr. Pompidou was also involved in the negotiations, so he may have a stronger link and better case.

Agent (and perhaps implicit consent)

According to this doctrine, it is possible under certain circumstances to view the agent (of a signatory party) as a party to the arbitration agreement, and the justification is "commercial convenience" or "implicit consent". In Australia, in the Cosco case[33], the Court rejected similar argument, but perhaps due to a weaker link and in the absent of agency relations. In another judgment, doubts were expressed regarding this doctrine as: "those interests of commercial convenience may not necessarily extend to treating the principal as a “party” for the purposes of s 7(2)". However, abroad[34], this doctrine was used when the claiming party was the defendant.

Equitable estoppel

According to this doctrine in the event that business relationships are held between several connected parties and one party filing few intertwined claims it is estoped from preventing an unsigned party from participating in the arbitration[35].

In conclusion

There are a number of doctrines which were adopted by both courts and arbitration institutions[36] and may allow Mr. Pompidou to argue that he is a party to the arbitration agreement (s7 (4) seems irrelevant). Although in Australia they are not widely acceptable, our circumstances are quite significant - owner of a small company that conducted the negotiations himself and finds himself sued for the same set of facts. Moreover, in our case, the language of the arbitration agreement does not limit[37] (and in fact almost does not exist), and therefore a more important weight is given to the intentions of the parties.

The court's authority to stay the proceeding for non-party

In Natuzzi[38], it was held that the court should stay the proceedings even if the IAA does not apply[39], in order to prevent conflicting decisions and from efficiency considerations, and provided that not only that the claims are linked, but that the principal claim is the claim being settled in the arbitration. In our case it seems that the claim against the manager depends on the outcome of the claim for breach of contract.

Whether the claims are a "matter that, in pursuance of the agreement, is capable of settlement by arbitration"

This question can be separated into two questions – the first is whether the claims fall within the scope of the "arbitration agreement" and the second is whether claim on statutory grounds can be settled in arbitration?

Regarding the first question, it may be argued that since the matter of the arbitration agreement arose only in the context of a delay in the arrival of the ovens, the arbitration agreement refers only to a dispute on this issue.

In Rinehart v Welker[40] the court referred to general interpretation as follows:

"When the parties to a commercial contract agree…to refer to arbitration any dispute or difference arising out of the agreement, their agreement should not be construed narrowly.. They are unlikely to have intended that different disputes should be resolved before different tribunals,."

Based on this rationale, it was also held that statutory grounds claims (arising from the agreement) should also be settled in the framework of arbitration proceedings (depending on the relevant cause). Specifically, there are many judgments[41] that referred misleading conduct cases under the TPA (and under part IVA[42]) to arbitration.

As mentioned, in our circumstances there is no detailed agreement and in addition the claims against the company manager are related to the specific transaction that is the subject of the arbitration agreement. Therefore, it is unlikely that the intention was to exclude them from the arbitration agreement.

5

Section 8 to the IAA instructing enforcement of "foreign award" which "means an arbitral award made, in pursuance of an "arbitration agreement", in a country other than Australia. The term "arbitration agreement" is reviewed above and in our case the other party domiciled in Boston, USA which is a Convention country and s 7(1)(d) applies (although Australia did not reserve). The arbitration award was made outside of Australia (New York).

However, Subsection 3A lists a number of exceptions which, if met, the court may refuse to enforce the ruling - the relevant ones are listed below:

              (5…

                     (b)  the arbitration agreement is not valid under the law expressed in the agreement to be applicable to it or, where no law ..under the law of the country where the award was made;

The arbitration award was made in New York and it is also reasonable to assume that if a law was specified it is the US law. In the US, there is no impediment to signing an arbitration agreement relating to labor relations (and in Australia[43]) and there are many judgments[44] on the subject (whether domestic or in relation to the New York Convention). It is also important to note that this is a senior " international "position.

(c)  that party was not given proper notice of the appointment of the arbitrator or of the arbitration proceedings or was otherwise unable to present his or her case in the arbitration proceedings;

In our case Ms. Jones did not receive the arbitration notice and therefore the court must refuse to enforce. Indeed, in the Uganda[45] case the Australian court noted (obiter) that it would enforce the arbitrator's award even if the party changed address (and did not receive the invitation) but this was only because it was held that the Ugandan law applies to the arbitration agreement and "Section 8(1) of the UAA provides that any written communication for the purposes of the UAA is deemed to have been received if it is delivered to the addressee’s place of business or mailing address".

It is also important to note New York courts[46] held that an actual summons must be received:

" under New York law that arbitration procedures comport with due process of law by providing a party with notice and an opportunity to be heard"

And in more similar circumstances, the Swedish Supreme Court[47] ruled in relation to the Convention:

"it is not acceptable that an arbitral award is recognised and enforced against a party that has not been informed of the arbitration proceeding or was even been able to know that it is in progress. When it comes to the notification in question, a general requirement that it shall have reached the counterparty should therefore be maintained."  

   (d)  the award deals with a difference not contemplated by, or not falling within the terms of, the submission to arbitration, or contains a decision on a matter beyond the scope of the submission to arbitration; or

On this subject, see the discussion of the question above (the ovens) - the claims stem from labor relations and incidental, and therefore there is no reason for their exclusion.            

         (e)  the composition of the arbitral authority or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

New York law determines[48] that in the absence of explicit consent, the court will appoint the arbitrator. So apparently this requirement was not met.

       (7)  …

                     (a)  the subject matter .. is not capable of settlement by arbitration under the laws in force in the State or Territory in which the court is sitting; or

                     (b)  to enforce the award would be contrary to public policy.

In our circumstances, the award does not deal with employment rights, and there is no impediment to enforce it almost anywhere.

 

 



[1]The International Arbitration Act 1974 (Cth) (‘IAA’)  

[2] United Nations Commission on International Trade Law ("UNCITRAL") Model Law on International Commercial Arbitration ("Model law")

[3] James Allsop, The Role of Law in International Commercial Arbitration (October 2018) CIArb Inaugural Annual Lecture < www.fedcourt.gov.au/__data/assets/rtf_file/0011/53102/Allsp-CJ-20181015.rtf>

[4] Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170

[5] R v Gough. In R v Bow Street Metropolitan Stipendiary Magistrate, Ex p Pinochet Ugarte (No 2) [2000] 1 AC

[6] Locabail (UK) Ltd v Bayfield Properties Ltd [2000] QB 451, 477

[7]See  Desbois v. Industries A.C. Davie Inc., 1990 CanLII 3619 (Canada- Que. C.A.)

[8] on Conflicts of Interest in International Arbitration 2014 (“IBA Guidelines”)

[9] See Sierra Fishing Company and others v Farran [2015] EWHC 140 (Comm) [2015] and Cofely Limited v Anthony Bingham [2016] EWHC 240 (Bingham case)

[10] W Ltd. v. M SDN BHD [2016] EWHC 422 (Comm)

[11] See foe example Art 41 of Rules of Arbitration of the ICC (2012).

[12] the Convention on the Recognition and Enforcement of Foreign Arbitral Awards adopted in 1958 by the United Nations Conference on International Commercial Arbitration

[13] See also IBA Guidelines, Part I(3)

[14] Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817

[15] See Dovade Pty Ltd & Ors v Westpac & Anor (04 May 2001) - [2001] HCAT and Ebner v The Official Trustee in Bankruptcy [2000] HCA 63

[16] In Clenae Pty Ltd v ANZ Banking Group Ltd. 205 CLR 337; 75 ALJR 277; 176 ALR 644

[17] The "justifiable doubts" test in the IAA see Yee Hong Pte Ltd v. Powen Electrical Engineering Pte Ltd [2005] 3 SLR 512.

[18] United Group Rail Services Limited v Rail Corporation New South Wales [2009] NSWCA 177 (3 July 2009)

[19] Hooper Bailie Associated Ltd v Natcon Group Pty Ltd (1992) 28 NSWLR 194

[20] Aiton Australia Pty Ltd v Transfield Pty Ltd [1999] NSWSC 996

[21] As in the "united case"

[22] Ku-ring-gai Council v Ichor Constructions Pty Ltd [2018] NSWSC 610

[23] See also Tadas Varapnickas, ‘The Law Applicable to Arbitrators’ Civil Liability from a European Point of View’, Kluwer Arbitration Blog, March 25 2019, http://arbitrationblog.kluwerarbitration.com/2019/03/25/the-law-applicable-to-arbitrators-civil-liability-from-a-european-point-of-view/

[24] Pickens v Templeton [1994] 2 N.Z.L.R. 718

[25] See Pieter Sanders, The work of UNCITRAL on arbitration and conciliation, 2004, p. 96 and see for example s 25 of the United Kingdom Arbitration Act 1996

[26] Vale v The Official Trustee in Bankruptcy as Trustee of the Bankrupt Estate of Yusuf de Toit and

Mandie, unreported, Full Court, Supreme Court of Western Australia, FUL 72 of 1993

[27] the Commercial Arbitration Act 1985 (WA).

[28] or to refer the parties to arbitration in accordance to Article 8 of the Model Law

[29] Jasmin Solar Pty Ltd v Trina Solar Australia Pty Ltd [2015] FCA 1453; Trina Solar (US), Inc v Jasmin Solar Pty Ltd [2017] FCAFC 6

[30] Flanzman v. Jenny Craig, Inc., 456 N.J. Super. 613 (App. Div. 2018)

[31] See

[32] IMC Aviation Solutions Pty Ltd v Altain Khuder LLC - [2011] VSCA 248

[33] See jasmin

[34] See in the US: "Grand Wireless, Inc. v. Verizon Wireless, Inc., 748 F.3d 1, 10-11 (1st Cir. 2014), Pritzker v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 7 F.3d 1110, 1121-22 (3d Cir., Arnold v. Arnold Corp.-Printed Commc'ns For Bus., 920 F.2d 1269, 1281-82 (6th Cir. 1990).

[35] Port Cargo Service, LLC and Michoud Blvd. Commerce Center, LLC v. Certain Underwriters at Lloyd’s London, et al., Case No. 18-6192, 2018 Sunkist Soft Drinks, Inc. v. Sunkist Growers, Inc., 10 F.3d 753 (11th Cir. 1993) Sourcing Unlimited, Inc. v. Asimco International, Inc., 526 F.3d 38 (1st Cir. 2008)

[36] ICC Case No. 7155 and  ICC Case No. 11160.

[37] See  Kroma Makeup EU, LLC v. Boldface Licensing + Branding, Inc., 2017 WL 192690

[38] Casceli v Natuzzi S.p.A. [2012] FCA 691 ("Casceli v Natuzzi")

[39] under s 67 of the Civil Procedure Act and in light of s 56 of the Civil Procedure Act.

[40] Rinehart v Welker [2012] NSWCA 95 at [117]

[41] Comandate Marine Corp v Pan Australia Shipping Pty Ltd [2006] FCAFC 192; (2006) 157 FCR WesTrac Pty Ltd v Eastcoast OTR Tyres Pty Ltd. [2008] NSWSC 894 See however

[42] Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 5) (1998) 90 FCR 1, 20,

[43] Metrocall Inc v Electronic Tracking Systems P/L, (2000) 52 NSWLR 1

[44] Khan v. Parsons Global Services, Ltd., 480 F. Supp. 2d 327 (D.D.C. 2007) Yang v. Majestic Blue Fisheries, LLC, No. 15-16881 (9th Cir. Nov. 30, 2017)

[45] Uganda Telecom Limited v Hi-Tech Telecom Pty Ltd [2011] FCA 131

[46]Yonir Technologies, Inc. v. DURATION SYSTEMS (1992) LTD., 244 F. Supp. 2d 195 (S.D.N.Y. 2002) Matter of Beckman v. Greentree Securities, Inc., 87 N.Y.2d 566, 570, 640 N.Y.S.2d 845, 663 N.E.2d 886, 888 (1996)

[47] Arne Larsson & Partner Leasing Aktiebolag / Ö 13-09 at<https://www.arbitration.sccinstitute.com/views/pages/getfile.ashx?portalId=89&docId=1023107&propId=1578>

[48] Both the Federal Arbitration Act (9 U.S.C. §1, et seq.) and New York's CPLR (Article 75) - 7504