Lawrence W. Newman, left, and David Zaslowsky, right. Courtesy photos The Perils of the Nonexistent Arbitral Institution
The impetus for this column was the recent decision in 'Spineway SA v. Strategos Group', in which parties acknowledged that they had agreed to arbitrate their dispute, but disagreed about the arbitral institution and corresponding rules.
July 24, 2024 at 10:00 AM
11 minute read
Your client gives you a contract and tells you that the counter-party has materially breached the agreement and amicable resolution is no longer an option. The contract includes an arbitration clause and there is no question that the dispute arises thereunder. However, the clause calls for arbitration before an institution that does not exist. What should you do?
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