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Lloyd's Maritime and Commercial Law Quarterly

ARBITRATION: LEGAL SET-OFF AND ENFORCING ADMITTED CLAIMS

Glencore v. Agros
Clarke, L.J.’s judgment in Glencore Grain v. Agros Trading Co. 1 is important for two reasons: It throws further light on legal set-off and how it can be impaired by an arbitration clause; and it asserts the availability of arbitration not as a procedure for resolving a dispute, but rather as a process for enforcing an admitted claim.

1. [1999] 2 Lloyd’s Rep. 410. Otton and Kennedy, L.JJ., simply expressed agreement.

LLOYD’S MARITIME AND COMMERCIAL LAW QUARTERLY

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