How elastic is your preposition?

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Since 2008, the House of Lords decision in Fiona Trust has guided the interpretation of arbitration clauses in England. The Fiona Trust approach has been rejected by the Supreme Court of New South Wales, but now endorsed by the Federal Court of Australia. As a result, two of Australia's most important commercial courts now take differing approaches to the construction of arbitration clauses.

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This article was published in Arbitration International, Volume 34, Issue 2, pp 287–292 (June 2018).

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