Australian Court Emphasises Importance Of Binding All Parties To Arbitration Agreement

Australian Full Federal Court decision highlights the importance of explicitly binding all parties to an arbitration agreement

Herbert Smith Freehills review the February 2017 decision of the Full Federal Court of Australia involving Trina Solar US, Inc.’s appeal from an earlier decision of a single Federal Court Judge not to exercise residual discretion to refuse Jasmin Solar Pty Ltd leave to serve an originating application on Trina in the US, while arbitration proceedings were ongoing in New York. As the author’s note, the decision highlights the importance of ensuring that all parties to a transaction are bound by the relevant arbitration agreement from the outset of the transaction. … READ MORE

See also the review by Baker McKenzie in relation to the action in the USA where the Court recognised that a non-signatory may be bound to arbitrate pursuant to several different common law principles arising under contract and agency law, including agency and estoppel. …READ MORE

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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