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:
