Q: If Arbitration clause in contract refers to non-existent "Commercial Arbitration Association" is that clause invalid?
the phrase is - "Federal Arbitration Act in accordance with the Commercial Arbitration Rules and Commercial Arbitration Association". But searching online, I do not see Commercial Arbitration Association for the US, only for Japan. Does that mean I do not need to go through arbitration for any dispute?
A:
No, it doesn't invalidate the arbitration clause in its entirety. The court will have to construe the intention of the parties at the time the agreement containing that clause was signed. Clearly, the parties intended to submit any dispute to arbitration. But it is arguably unclear as to what specific rules were intended by the phrase "commercial arbitration rules" and what specific arbitration tribunal was intended by "Commercial Arbitration Association."
An argument can be made that the parties most likely intended the Commercial Arbitration Rules of the American Arbitration Association.
The parties can also agree to different arbitration rules and a different arbitration tribunal or can petition the court for the appointment of an arbitrator.
But it is clear to me that the parties intended to submit any dispute to arbitration and I think that is what most courts would determine.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
