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
