Australian Approach To Interpretation of Arbitration Agreements

Albert Monichino QC reviews the recent Australian High Court decision in Rinehart v Hancock Prospecting [2019] HCA 13 , where the High Court was called on to resolve the proper interpretation of an arbitration agreement that had been interpreted in different ways by two intermediate appellate courts. Albert notes that it is disappointing that the High Court did not tackle the important policy question of whether the UK seminal decision in Fiona Trust, and the presumptive liberal approach to the interpretation of arbitration agreements is good law in Australia … READ MORE

The case has generated considerable comment. See the reviews from:

About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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