New South Wales CA Imports Arbitration Clause From One Entity To Another, Stays Proceedings

New South Wales CA imports arbitration clause from one entity to another, stays proceedings

Herbert Smith Freehills review the NSW Court of Appeal’s decision in Warner Bros Feature Productions Pty Ltd v Kennedy Miller Mitchell Films Pty Ltd [2018] NSWCA 81, where the Court overturned the decision of the NSW Supreme Court referring a dispute to arbitration in California pursuant to the parties’ agreement and ordering a stay of court proceedings pursuant to section 7(2) of Australia’s International Arbitration Act 1974 (Cth). The author’s note that the CA applied a pragmatic approach to determine whether an arbitration clause found in standard term contracts used by other members of a company’s corporate group should be incorporated into the parties’ agreement.

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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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