Client Alert

Arbitration Clauses: The Lessons of Fiona Shaw

May 14, 2007

Donna Goldsworthy and Anna Hermelin

The English Court of Appeal’s recent decision in Fiona Trust & Holding Corp and others v Privalov and others [2007] addressed three key points regarding arbitration clauses:

  • the scope of an arbitration clause;

  • whether an arbitration clause would survive if the agreement as a whole is found to fail; and

  • procedure.

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