Arbitration: The International Journal of Arbitration, Mediation and Dispute Management
Volume 88, Issue 4 (2022) pp. 633 – 653

https://doi.org/10.54648/amdm2022037

Abstract

If the contract itself is disputed, including whether there is an agreement to arbitrate which in turn is dependent on whether standard terms were incorporated, what is the proper approach to answering those questions (including the proper law)? Does the analysis start with the putative law or the putative contract? The better view is to start with determining the putative law and, applying that, determine whether the putative contract exists.

Extract

To read more, you can buy this article.