International business transactions

Referral by Court to Arbitration

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OUTLINE International Business Transactions

Referral by Court to Arbitration

Art 2.3 is basic rule in NY Convention about recognizing and giving effect to intl arbitration awards
- instructs courts that if court has a matter in front of it, with respect to which parties have made an arbitration agreement, that court shall at the request of one of the parties refer the parties to arbitration
- so as a matter of intl law, any country that signed the treaty is obligated to send the dispute to arbitration, unless the arbitration agreement is null and void, inoperative, or incapable of being performed.

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