A dispute about rectification came within the words ‘any dispute arising out of or under this contract’. The phrase ‘out of’ must add something to ‘under’, even though the words ‘out of ‘ were in fact the words which appeared first in the clause. The words ‘arising out of’ were virtually synonymous with the words ‘arising in connection with’.
Judges:
Hirst J
Citations:
[1990] 1 Lloyds Rep 86
Jurisdiction:
England and Wales
Cited by:
Cited – Fiona Trust and Holding Corporation and others v Privalov and others CA 24-Jan-2007
The court was asked whether when contracts have been induced by bribery and have been rescinded on discovery of the bribery, that constitutes a dispute which can be determined by arbitration in the context of a common form of arbitration clause.
Lists of cited by and citing cases may be incomplete.
Contract
Updated: 23 November 2022; Ref: scu.248224
