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Burdening assignees with arbitration agreements via “conditional benefits”

25 March 2024 / Author(s): Dr Chee Ho Tham
Issue: April 2022 / Categories: Feature

In this article, the author compares two concepts that seek to explain why an assignee of a chose in action may be burdened by an arbitration agreement to which it is not privy. He posits that, of the “conditional benefits” concept and the “subject to equities” principle, the latter provides the better explanation.

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