The arbitration reference is independent of the contract in which it is contained. The fact that a contract is found void it does not undermine the contract itself. However, where a defect affects the actual arbitration clause itself, the clause and obligation to arbitrate may not exist.\u00a0 If for example it is alleged that no arbitration clause was ever agreed then it would not apply.<\/p>\n
Disputes arising under the contract are usually interpreted more widely than disputes arising in connection with or out of the contract. It is presumed that the former types of disputes are intended to be covered, while the latter type of dispute may require clearer wording. \u00a0However, the Courts, in line with the general approach of supporting arbitration, are willing to interpret the arbitration clause so that it covers disputes connected with the validity of the contract and the wider circumstances.<\/p>\n
The 2010 legislation provides that where parties agree to refer disputes under a contract, that this includes disputes in relation to the existence and validity of the contract. The Act also provides that the arbitrator can rule as to whether there is an arbitration agreement between the parties.\u00a0 The Courts cannot intervene in the matter until the arbitrator rules.<\/p>\n\n
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Nature of Arbitration The essence of arbitration is that a third party private person adjudicates on the dispute.\u00a0 If differs from other types of arrangements such as mediation, expert determination, etc. \u00a0In some cases, disputes must be referred to expert determination before arbitration may proceed. Arbitration may deal only with certain types of private civil […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[320],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4344"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=4344"}],"version-history":[{"count":0,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/4344\/revisions"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=4344"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=4344"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=4344"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}