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Incorporated by Reference Contract Terms Unenforceable Contract Terms

Carlton Fields

SDNY Finds Insurer, As Subrogee, Lacked Authority to Enforce Arbitration Clause in Fuel Delivery Contract

Carlton Fields on

The Southern District of New York declared that plaintiff Monjasa A/S was not bound by an arbitration agreement to which neither it nor the defendant was a party. The case stems from a fuel delivery contract between two...more

Bennett Jones LLP

Incorporation of Arbitration Clauses by Reference: A Cautionary Tale

Bennett Jones LLP on

The British Columbia Supreme Court in MRC Total Build Ltd. v F&M Installations Ltd., 2019 BCSC 765 [MRC Total Build] recently considered an application by a general contractor to stay proceedings commenced by a subcontractor...more

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