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CHAPTER 4 THE SCOPE OF THE ARBITRATION CLAUSE

A Practical Guide to International Arbitration in London

4 THE SCOPE OF THE ARBITRATION CLAUSE The scope of the arbitration clause is probably the most critical issue to consider once it is established that an arbitration agreement exists. If either the claims made are outside the terms of the clause or the parties involved in the dispute are not parties to the arbitration clause, then jurisdictional issues arise which may derail the arbitral process. Jurisdictional issues as to the scope of an arbitration clause can also lead to attempts to bring the matter before the English courts and/or can impact on later attempts to enforce an award. 1 While some procedural aspects of jurisdiction are dealt with later in this chapter jurisdictional issues are covered more generally in chapter 9.

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