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- UNITED KINGDOM 35
UNITED KINGDOM 35
High Court of Justice, Queen's Bench Division, Commercial Court, 18 February 1991
UNITED KINGDOM 35
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
The court discusses how to determine that there is a dispute as a condition for referral to arbitration.
The court discusses how to interpret the Convention’s requirement that the agreement is not null and void etc., as well as specific cases of invalidity: e.g., lack of consent (misrepresentation, duress, or fraud), vague wording of the arbitral clause; other terms of the contract contradict the intention to arbitrate, etc.
The court discusses the principle of competence-competence, including whether the parties “intended to have arbitrability decided by an arbitrator”, and the separability of the arbitration agreement from the main contract.