The existence of an agreement to arbitrate
The existence of an agreement to arbitrate
- 2001
- Arbitration Law Monthly 1(2) March 2001, 1-3(3) .
Considers conflicts that can occur over jurisdiction and arbitration clauses. For instance, conflicts can arise if a commercial contract is formed incorporating the terms from another document. Describes the case of "M H Alshaya Co WLL v Retek Information Systems Inc", which involved a situation where conflicting forum clauses were included in a software licence contract. In this the judge ruled that an arbitration clause should be struck out.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
M H ALSHAY CO WLL V RETEK INFORMATION SYSTEMS INC
JURISDICTION
Considers conflicts that can occur over jurisdiction and arbitration clauses. For instance, conflicts can arise if a commercial contract is formed incorporating the terms from another document. Describes the case of "M H Alshaya Co WLL v Retek Information Systems Inc", which involved a situation where conflicting forum clauses were included in a software licence contract. In this the judge ruled that an arbitration clause should be struck out.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
M H ALSHAY CO WLL V RETEK INFORMATION SYSTEMS INC
JURISDICTION