Legal Updates

A general arbitration clause in a contract will apply even if the agreement expired

June 16, 2016
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In a joint ventures the parties signed a confidentiality agreement that included an arbitration clause.  The confidentiality agreement also included a provision that limited the survival of the representations, warranties and covenants therein to 4 years.  After the expiration of the years one of the parties sued the other in arbitration but the other argued that the agreement and the arbitration clause in it expired.

The Court held that expiration of the agreement does not necessarily causes the arbitration clause to expire as its purpose is to set the legal relationship between the parties in case the contract expires. Thus, the arbitration clause governs despite the expiration of the contract.