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When ‘disputes’ arise – what triggers the court’s obligation to refer to arbitration?

January 2020

The recent judgment of Barniville J. in the case of XPL Engineering v K&J Townmore Construction Ltd suggests that the Court will be reluctant to override provisions set out in a contractual arbitration agreement and serves as a useful reminder of the Court’s increasing support for the referral of disputes to arbitration.

In this article, Cian O’Gorman and Sophie Bryant discuss the facts of the case, the decision of Barniville J. and what it means for those seeking to invoke contractual arbitration clauses in disputes.

To read the full article, please click on the link below.

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