Question
In a case related to the ADL clause, the parties to the contract disagreed as to whether that clause required them to submit to arbitration
In a case related to the ADL clause, the parties to the contract disagreed as to whether that clause required them to submit to arbitration a dispute over a trade secret dispute. This provision required the parties to submit to arbitration "any dispute or claim arising out of the agreement." Strictly speaking, hidden trade contradictions did not arise out of the agreement. However, it was clear that the secret trade dispute was related to the deal. The court accepted that the language of the ADLP clause was too narrow, and, as the trade secret dispute did not arise out of the conflicts, the parties were not required to submit it to arbitration. Should the Court of Appeal overturn the judgment of the trial court by rejecting the parties' request for arbitration? Explain your answer
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