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Subject: justice to the claimant, justice to the defendant... law In determining whether to grant a declaration or not, we would expect the arbitrators to apply English case law in this area. This indicates that when considering whether to grant a declaration or not, the court should take into account justice to the claimant, justice to the defendant, whether the declaration would serve a useful purpose, and whether there are any other special reasons why the court should, or should not, grant the declaration.
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