Reference style is OSCOLA
Brian, on behalf of his firm incorporated in the US, decided to enter into a transaction to purchase goods from Josh’s company. Josh met with Brian for a discussion in New York. The parties agreed to complete their negotiations over the phone as Josh had to get back to England at short notice. During their telephone conversation, at which terms were agreed, Josh stated that the terms will be those contained in their standard form. Josh afterwards sent a copy of the standard form to Brian. At the back was an arbitration clause referring to arbitration in London but which Brian did not notice because the printing ink had faded. When the goods arrived New York, some were damaged.
Josh has informed Brian that the matter will be settled by arbitration. Brian is surprised because they had not discussed dispute resolution methods. He has sought advice from your law firm. He wants to know:
The requirements for a valid arbitration agreement.
Which law would determine the validity of that arbitration agreement
The methods by which an arbitration agreement can be incorporated into a contract between parties.
Whether there is a valid arbitration agreement in this case.
The word count for this assignment is 2,500 words.
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