Unit 2 LS311 Torts and Cyber Torts-CASE STUDY Essay

Unit 2 LS311 Torts and Cyber Torts-CASE STUDY - Essay Example The position held in the NCR Corp v Korala associates Ltd 2007 06-3685 (6th Cir.), where the court stated that the provisions of the arbitration clause are binding in claims relating to the contract. Where the claim has a connection to the contract, the resolution of the dispute facilitated through arbitration (Miller & Jentz 2009). On the other hand, where the claims are not within the contractual terms, the arbitration clause does not bind. Regardless of the nature of the claim, it is only binding if the court must reference the contract in its resolution. The court looked into whether the parties agreed to arbitrate on such claims in order for the arbitration clause to be binding. The outcome in Baker v Osborne, therefore, would provide for the parties to arbitrate on the claims. The arbitration clause in the contract provides for arbitration between the parties concerning any issues arising concerning the contract, the scope of the clause covers the current claim and, therefore, the new owners bound by the arbitration clause, and they should not sue the