Commentary

176 Scope of the arbitration agreement

BUILDING AND ENGINEERING vol 5
| Commentary

176 Scope of the arbitration agreement

| Commentary

176 Scope of the arbitration agreement

The scope of an arbitration agreement, and hence the jurisdiction of the arbitrator, depends upon the proper construction of the agreement in all the circumstances of the case1. Most of the arbitration clauses found in construction contracts give the arbitrator power to decide questions of law such as the proper construction of the contract itself2, and also to deal with disputes involving the discharge of the contract by repudiation3 or frustration4 or the commission of torts such as negligent misrepresentation which are closely connected with the contract5. Without clear language to the contrary, there

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