Freehold Borough v. Nestle USA

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• stating that “an agreement to arbitrate is ‘null and void’ only (1) when it is subject to an internationally recognized defense such as duress, mistake, fraud, or waiver . . . or (2) when it contravenes fundamental policies of the forum state”
• approving Ledee and I.T.A.D., but concluding that an agreement may also be rendered “‘null and void’ . . . when it contravenes fundamental policies of the forum state”
• affirming district court order staying action pending arbitration in Italy even though Italian law stated that “in Italy an arbitration clause calling for an even number of arbitrators is null and void” and the arbitration clause at issue called for an even number of arbitrators
• subsequent Third Circuit decision recognizing court’s authority to stay action pending arbitration under Convention
• “The Federal Arbitration Act... implements the United States’ accession on September 1,1970 to the Convention...”
• allowing district court to maintain jurisdiction pending arbitration

Source: CourtListener parenthetical corpus (CC0).