Hi,
Is there an valid arbitration agreement when one party did not notice that there was an arbitration clause on the back page because the printing ink had faded. One party is in London and the other party is in USA.
Thank you.
Alasdair Taylor's Answer
I’m not at all sure of the answer to this question without doing some research (which unfortunately I don’t have the time for right now). One important factor will be the extent to which the ink had faded. If the text was essentially invisible, then it might be considered not to have been properly incorporated into the contract.