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UK (England and Wales)

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Home > Country profiles > UK (England and Wales) > Articles > Article detail

Inconsistent dispute resolution clauses - when should the one stop shop give way to gravity?

Wednesday, 3rd January 2019

"Where, in complex commercial arrangements, there is a multiplicity of agreements, problems associated with inconsistencies between them abound. That can have significant consequences, particularly where there is an inconsistency between dispute resolution provisions in different but related contracts. Despite having thought that they had made provision for it, the parties end up in dispute as to where and how their dispute should be resolved.

This article provides a brief overview of the position, as a matter of English law, surrounding inconsistent or competing dispute resolution clauses with particular focus on two 2018 cases which involved scenarios that often lead to these issues in practice: projects that involve a suite of documents (e.g. large scale energy and infrastructure projects with complex financing arrangements and guarantees); and transactions involving certain financial products (e.g. agreements to buy or sell interest rate swaps pursuant to a wider "master" agreement)."

Read in full: 

Source: DLA Piper
Language: English
Contact: Alexander Chaize and James Carter

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