Case No. CL-2019-000290
Commercial Court

Case No. CL-2019-000290

Fecha: 14-Feb-2020

The approach to overlapping dispute resolution clauses

16.A number of authorities have considered the position where parties have entered into more than one agreement, and their agreements contain different dispute resolution clauses. Many of those cases are concerned with the position where a suite of documents containing different arbitration or jurisdiction clauses are entered into at or around the same time, to give effect to different aspects of one overall transaction, and the issue arises as to which clause applies to a dispute which, at least on first reading, is fairly capable of falling within more than one of them. 17.I was referred by both parties to the following summary of the law by Hamblen LJ in