In an international arbitration, when an arbitration provision is ambiguous about the seat of the arbitration, who resolves the question? The Eleventh Circuit held last week that interpretation of a venue provision is the arbitrator’s prerogative. Bamberger Rosenheim Ltd. v. OA Development Inc., No. 16-16163 (11th Cir. July 17, 2017).

The Underlying Arbitration -

The question reached the Eleventh Circuit after the district court confirmed an arbitral award. The underlying arbitration involved a breach-of-contract claim by Bamberger Rosenheim Ltd., an Israeli company, and a defamation counterclaim by OA Development Inc., an American company.