DRAFTING TO EVIDENCE THE PARTIES' INTENTIONS

摘要

The arbitration clause is, like most of the ... agreement, poorly drafted. There are indications in the text ... that it was drafted by a person with poor command of English language, grammar and punctuation. Many provisions are ambiguous, and a number contain otiose words.rn- Hargrave J in TCL Airconditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd (unreported,rnSupreme Court of Victoria, 8 December 2009).rnWith or without such harsh criticisms, the evil lay in: "... any breach of the provisions under this agreement."rnEven though "under" means "governed, controlled or bound by: in accordance with", three international arbitrators went even further in deciding that their jurisdiction extended to breaches of provision of related but different agreements to be negotiated and effected.