5 · The doctrine of connection

1.However, the doctrine of assertion does not reign sovereignly. The Supreme Court has, in three other cases, i.e. NJA 1973 s. 620, NJA 2007 s. 475 and NJA 2008 s. 120, developed what has been referred to as the doctrine of connection. This latter principle provides that an arbitration agreement covers a dispute if the dispute is closely connected to the main agreement in which the arbitration agreement has been incorporated. This means that an arbitration clause may be applicable to the claimant’s claim despite the fact that the clause has not been considered to cover the legal relationship that the claimant’s claim relates to pursuant to the doctrine of assertions. Thus, it seems that the Supreme Court Justices are not in total agreement as to how the implications of an arbitration agreement are to be determined.s. 661