Sayfa 3425. Determining the “scope” of the arbitration clause
The other crucial issue is the determination of the objective scope of the clause, i.e., the identification of the disputes covered by the arbitration clause or,…
The need to determine the scope of the arbitration clause is the logical consequence…
Thus, Article II of the New York Convention expressly defines the arbitration agreement…
« ... agreement in writing under which the parties undertake to submit to arbitration…
This means that the clause must define the disputes that the parties wish to submit…
In most cases, the parties wish to submit to arbitration all disputes that may arise…
As a matter of fact, however, when drafting the clause, the parties hardly ever concern…
But, when a dispute arises, the party wishing to avoid arbitration (usually because…
This leads the parties to submit to arbitrators and courts innumerable disputes involving…
In particular, the disputed issues may be: whether the clause refers to all or only…
The answer to these questions depends in the first place on the wording of the clause.…
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