Examining the Delegation of the Power to Determine Arbitrability: Insights from Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp.
Kluwer Arbitration
AUGUST 23, 2024
Notably, Fujitsu partially breaks with precedent in other jurisdictions on how carve-out provisions influence the delegation of arbitrability. It also examined the implications of incorporating Japanese arbitration rules—with permissive, not mandatory, language stating arbitrators “may” rule on their own jurisdiction—on delegation.
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