Co-Existing and Conflicting Jurisdiction and Arbitration Clauses
Journal of Private International Law, Volume 9, No. 3, 2013
37 Pages Posted: 6 May 2014 Last revised: 15 May 2014
Date Written: 2013
It is increasingly common for parties to an international contract to include both jurisdiction and arbitration clauses. While in some cases the clauses can be reconciled by principles of contractual interpretation, in other circumstances a true conflict between the clauses exists. The main contention of this article is that it is not appropriate, as many common law courts appear to have done, to resolve such a conflict by choosing arbitration over litigation based on some presumed superiority of the arbitral process. Instead, courts should adopt an evenhanded approach and apply a version of the 'more appropriate forum' test.
Keywords: jurisdiction, arbitration
JEL Classification: K00, K33, K39
Suggested Citation: Suggested Citation