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Incorporation of arbitration clauses: conflicting arbitration and service of suit clauses

Arbitration Law Monthly

Incorporation of arbitration clauses: conflicting arbitration and service of suit clauses

In Hiscox Dedicated Corporate Member Ltd as Representative of Syndicate 33 at Lloyd’s v Weyerhaeuser Co [2019] EWHC 2671 (Comm) Robin Knowles J has confirmed that: (1) an arbitration clause in one contract may be incorporated into another contract if appropriate words of incorporation are used even if there is no express reference to the arbitration clause; and (2) in the case of a conflict between an arbitration clause and a service of suit or jurisdiction clause, the arbitration clause will be given priority and the other will be treated as referring to enforcement only.

Weyerhaeuser : the insurance

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