3.1. Need for an unequivocal choice in favour of arbitration
In interpreting an ambiguous arbitration clause, the preliminary assessment to be…
Thus, even in the context of an arbitration-friendly interpretation, there must still…
This principle is confirmed in the jurisprudence of various countries. Thus, for…
In a case decided in 2010 the arbitration clause provided that, in the absence of an amicable solution, the dispute would be submitted to
In another case a “pathological” clause…
Finally, it is worth mentioning a judgment of the English High Court…
“Governing law and jurisdiction. Laws of England and Wales. In the event of any dispute…
According to the Court, the clause according to which the parties must endeavour…
The foregoing does not mean that the clause must expressly mention arbitration as…
On the contrary, an unambiguous clause, but with the title “Arbitration”, may be…
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