5.2. The applicability of the arbitration clause to non-contractual disputes
A problem that frequently arises is whether the arbitration clause can cover non-contractual…
« ... which have arisen or which may arise between them in respect of a defined legal…
There should consequently be no doubt that an arbitration clause may include non-contractual…
(i) whether the parties intended non-contractual disputes to fall under the arbitration…
(ii) whether there is a sufficiently close link between them and the contract containing…
This clearly opens wide room for restrictive interpretations, especially in the presence…
There are quite numerous examples of this restrictive interpretation. Thus, for example,…
This being said, the applicability to non-contractual disputes of generally worded…
This applies in particular where the claim, presented as non-contractual (in tort),…
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