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Arbitration or court proceedings?

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Published on: 21 May 2013

Published by a LexisNexis Arbitration expert

Table of contents

Original news
What key issues did the case raise?
Did the judgment clarify the law?
In what way did the Court of Appeal’s reasoning differ from that of the High Court (while reaching the same conclusion)?
Are there any remaining grey areas?
How could those drafting arbitration agreements best deal with the issue of third party rights?
What should lawyers advise their clients?

Article summary

Dispute Resolution analysis: How does the Contracts (Rights of Third Parties) Act 1999 confer contractual rights and obligations on third parties to refer disputes to arbitration? Simon Pedley of Pannone comments on the implications of the recent case of Fortress Value Recovery Fund I LLC v Blue Skye Special Opportunities Fund LP.

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