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17 Jun 2020, 1:12 am by Michael Douglas
In hearing the question of leave together with the appeal, then granting leave, the two key issues for determination by the Court of Appeal were: Whether a claim for unliquidated damages could fall within the scope of the arbitration clause which required claims to be concerning monetary amounts ‘under this agreement’ (the construction issue); and Whether Hannigan had waived his entitlement to arbitrate by bringing the proceedings in 2017 (the waiver issue). [read post]