In her latest analysis for LexisNexis, Jennifer Haywood writes, "Arbitration or not arbitration?" and explores the practical implications of Bugsby Property LLC v Omni Bridgeway (Fund 5) Cayman Invt Ltd.

An agreement varying a litigation funding agreement contained a clause providing that any party shall be entitled to resolve a dispute by referring it to a KC who would be instructed to provide a final and binding opinion. The court held that the claimant did not have a good arguable case that the clause was an arbitration agreement, and the court could not, therefore, appoint an arbitrator pursuant to section 18 of the Arbitration Act 1996. 

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