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On analysis of the facts, the judge held that the words of incorporation were effective.
The judge took “our”, in “… same as our previous contracts”, to be a reference by Sometal to its own prepared contracts, as distinct from the Habas-prepared contracts. It was the Sometal-prepared contract under dispute in this case and it was the other contracts prepared by Sometal that had contained London arbitration clauses. By contrast, the Habas-prepared contracts contained either dispute resolution clauses with a different venue or no dispute resolution clauses.
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