Parliament has not attempted to regulate the construction of arbitration agreements by statute1; they must therefore be construed according to common law principles. However, in 2007 it was held that 'the time has come to draw a line under the authorities to date and make a fresh start'2.
Thus it has now been said that arbitration is consensual, and depends upon the intention of the parties as expressed in their agreement; only from the agreement is it possible to tell what kind of disputes they intended to submit to arbitration3; and the meaning which parties intended to express by the
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