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I have a very simple recipe to clarify all of this confusion. I am advising clients to insist on arbitration clauses in their contracts and to exclude the jurisdiction of the English courts.

The Arbitration Act is a model of clarity, and arbitrators are far less inclined to bureaucracy and the excesses of ego that lead judges to ignore justice and the merits of cases in favour of throwing their weight around in the style more commonly seen before the Judicature Acts of the 1870s.