The interaction between courts and arbitration: conflicts between arbitral agreements and contractual forum selection

This paper explores the conflicts arising between arbitration agreements and contractual forum selection clauses in commercial contracts. It focuses on three different scenarios of increasing complexity: when both clauses exist in the same contract, when multiple contracts between the same parties contain conflicting clauses, and when there are multi-party and multi-contract agreements. The role of international conventions, such as the New York Convention and the Hague Conventions, is examined. The paper emphasizes the importance of determining the applicable law and analyzes various approaches taken by courts and arbitrators to harmonize conflicting remedy clauses. The conclusion highlights the significance of careful drafting to avoid dispute resolution collisions and the need for parties to actively consider and address these issues in contract negotiations.