The parties entered into a contract for the sale of shares and business assets, which contained an arbitration clause. The sale gave rise to the warranty claims that were settled between the parties. The settlement agreement dealt with “all existing accounts, claims, disputes and liabilities (…) in relation to the [contract]” and contained a jurisdiction clause.
The buyer submitted new warranty claims to the seller before the arbitral tribunal appointed in compliance with the contract. The Court confirmed that the Arbitral Tribunal had correctly upheld its jurisdiction on the basis of the arbitration clause contained in the contract, since the new claims were not included in the scope of the settlement agreement.