An arbitration clause limited to disputes 'arising under' an agreement does not extend to claims for contravention of the Trade Practices Act 1974, negligent misstatement, or breach of collateral contract where those claims arise out of pre-contractual conduct. The modern liberal approach to arbitration clause construction only operates where the language of the clause is sufficiently elastic. Parties wishing to capture all disputes including statutory and tortious claims must use broader language such as 'related to' or 'in connection with' the agreement.
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5 of the 26 citing cases carry a classified treatment. How each court treated it is available to signed-in members.