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08 February 2007
Issue: 7259 / Categories: Case law , Law digest
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ARBITRATION

Fiona Trust & Holding Corporation v Privalov [2007] EWCA Civ 20, [2007] All ER (D) 169 (Jan)

(i) Any jurisdiction or arbitration clause in an international commercial contract should be construed liberally. The words “arising under the contract” should cover every dispute except a dispute about whether there was ever a contract at all. Although in the past such words have sometimes been given a narrower meaning, that should no longer continue to be so.

(ii) An allegation of invalidity of a contract does not prevent the invalidity question being determined by an arbitration tribunal pursuant to the arbitration agreement. It is only if the arbitration agreement itself is directly impeached for some specific reason that the tribunal would be prevented from deciding the disputes that relate to the main contract.

Issue: 7259 / Categories: Case law , Law digest
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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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