| Commentary

5.4 Scope of the arbitration

| Commentary

5.4 Scope of the arbitration

The following questions arise in relation to the scope of arbitration:

  1. (a)

        What issues can be considered by an arbitrator?

  2. (b)

        Does the reference to arbitration only cover a dispute or can it extend to a question or mere difference between the parties?

  3. (c)

        Should the arbitration clause cover all or some of the terms or the rights and liabilities of the parties?

A typical arbitration clause will apply on a very wide basis, for example to:

‘any difference between the parties concerning the interpretation or validity of this agreement or the rights and liabilities of

To continue reading
View the latest version of this document, as well as thousands of others like it, sign in to LexisLibrary or register for a free trial