Scott v Avery clause prohibits commencing litigation or seeking interim measures (such as arrest of property) before a final arbitration award. This article explains how this clause works. Background The case Scott v Avery was tried in 1856. By that time, arbitration had long existed in England. Although contracts contained arbitration clauses, the parties often broke them and sued in court. Courts had no obligation to stay litigation if there was an arbitration clause. Judges…
