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Stay of proceedings: settlement contracts

Arbitration Law Monthly

Stay of proceedings: settlement contracts

The rather complex facts of Tugushev v Orlov [2021] EWHC 926 (Comm); [2021] 2 Lloyd’s Rep 205 gave rise to two questions before Sir Nigel Teare. First, in the context of stay of proceedings under section 9 of the Arbitration Act 1996, what is a “matter” agreed between the parties to be referred to arbitration? Secondly, where the parties seek to wind up their earlier contractual relationships in a single settlement agreement, is the arbitration clause in that agreement to be construed as applying to disputes under the earlier contracts?

The facts

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Devices

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