Two judicial decisions this year have highlighted the courts’ support for contractually-agreed dispute resolution mechanisms.
In the first case, Sunrock Aircraft Corporation v Scandinavian Airlines System Denmark-Norway-Sweden (SAS) [2007], the Court of Appeal considered whether a party can claim damages for the breach of a dispute resolution agreement. In this case, SAS had entered into a sale and leaseback agreement with Sunrock for two Boeing 767 planes. A dispute arose between the parties in relation to SAS’ obligation to repair what were known as ‘scab patches’ on the aircraft fuselage.
