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Arbitration Law Monthly

Scope of arbitration clause: replacement contract

In Briggs Marine Contractors Ltd v Bakkafrost Scotland Ltd [2023] ScotCS CSOH_6, a decision of Lord Braid in the Outer House of the Court of Session, the question was whether an arbitration clause in a written contract continued to apply to a dispute under an alleged replacement contract so as to justify a stay of proceedings brought on the replacement contract. Although the case was heard in Scotland, the relevant contracts were governed by English law.

Briggs Marine: the facts

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