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United States Leading Case arbitration agreementsexclusive jurisdiction clauses

Scherk v Alberto-Culver Co

417 U.S. 506 (1974)
JurisdictionUnited States
CourtUS Supreme Court
Year1974
StatusBinding authority

Summary

International arbitration agreements are enforceable even where the underlying dispute involves federal securities law claims, per the Court's pro-arbitration policy in international commerce.

Key Principle

An international arbitration agreement should be enforced even when the underlying dispute involves claims under federal securities laws.

Area of Law

arbitration

Related Cases

Rinehart v Hancock Prospecting Pty Ltd (2019) 267 CLR 514

A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

TCL Air Conditioner v Judges of the Federal Court (Arbitral Awards) [2013] HCA 5

Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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