5.1. Typical formulations and their interpretation
As mentioned above, the literal wording of the clause may give rise to subtle distinctions…
Actually, the great majority of domestic courts favour an extensive interpretation…
In the same vein, it has been decided that the clause relating to disputes on the…
In a case where a party argued that the dispute concerning the termination of the…
« … Les moyens de la recourante, dont l’énoncé manque singulièrement de clarté, confinent…
Similarly, the Supreme Court of New South Wales…
« ...When the parties to a commercial contract agree, at the time of making the contract,…
Of particular interest is the Fiona Trust case where…
In the case at issue one party argued that the contract in question had been procured…
The House of Lords opted for a broad interpretation of both formulations, stating…
«If one accepts that this is the purpose of an arbitration clause, its construction…
A proper approach to construction therefore requires the court to give effect, so…
It should however be borne in mind that this extensive interpretation of arbitration…
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