Erin Culbertson and Aarushi Aarushi have written an article titled “The question of delegation of arbitrability in business contracts” for the June 2024 issue of Financier Worldwide.
The article discusses how U.S. courts determine if the parties agreed to delegate the question of arbitrability of a dispute to an arbitrator rather than a court by looking at ‘clear and unmistakable evidence’ of such delegation in the arbitration agreement. The article further discusses if mere reference to institutional arbitration rules in the arbitration clause is sufficient evidence of delegation and, if so, the implications for commercial parties and counsel drafting such clauses.
To find out more and to read the article, click here.
ABOUT ERIN CULBERTSON
Erin, a senior associate in the Washington, DC office, has extensive experience representing and advising clients, including governments and government entities, international organisations, and multinational companies, in international arbitration proceedings (contractual and treaty-based), recognition and enforcement proceedings, complex commercial litigation, bankruptcy litigation, and project finance matters. Erin’s representations have concerned diverse industries, such as gaming, mining, life insurance, banking/finance, satellites, and wireless spectrum.
Erin has published and presented on topics including arbitration, dispute resolution, international trade and investment. She has extensive experience working in Africa and Asia, and her pro bono practice focuses on reproductive rights, asylum, and juvenile justice.
ABOUT AARUSHI NARGAS
Aarushi is an international associate in the Washington, DC office. Prior to joining Three Crowns, Aarushi clerked with Chief Justice Dhananjaya Y. Chandrachud at the Supreme Court of India, where she worked on commercial, arbitration, and constitutional law matters. She also has prior experience of working at the judicial chambers of the United Nations International Residual Mechanism for Criminal Tribunals in The Hague and as an associate in the projects and infrastructure practice of a domestic commercial law firm in India.
Aarushi has published in international law journals such as the California Western International Law Journal and participated in international law conferences.