Australia
Australia / Construction / Scope of Arbitration Clause / Stay to Arbitration

Australian Court Upholds Liberal Construction of Arbitration Clause

- by Phillip Rompotis

澳大利亚法院支持自由裁量权仲裁条款
An Australian court finds that an arbitration clause providing that “disputes or differences arising between the Parties” merited a liberal construction, and encompassed claims for relief based on estoppel by convention or statutory unconscionable conduct under the Australian Consumer Law.

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Australia / Cayman Islands / China Arbitration / England / Hong Kong / India / Newsletter / Singapore / USA

International Arbitration Newsletter No.4

- by Phillip Rompotis

国际仲裁通讯第4号
This month, in addition to the usual International Arbitration updates from around the globe, we highlight an issue which arises regularly and continues to vex courts around the world – the extent to which third parties/non-signatories may rely on or be bound by an arbitration agreement.

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Australia / Interpretation / Non Parties / Third Parties

Non-Parties to Arbitration – The View On Claiming “Through Or Under”

- by Phillip Rompotis

非仲裁方–主张“直通”或“直通”的观点
Albert Monichino QC deals with the Australian approach to the ability of third parties to claim ‘through or under’ an arbitration agreement, concluding that the dissenting approach in Reinhart, which respects privity of contract, is to be preferred.

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Australia / China Arbitration / England / Europe / Hong Kong / Malaysia / Newsletter / Singapore

International Arbitration Newsletter No.3

- by Phillip Rompotis

In addition to the usual IA updates from around the globe, we highlight two cases, a HK CA decision dealing with a stay application in the context of insolvency proceedings, the other from Singapore refusing an extension of time to bring a setting aside application under Article 34 of the Model Law.

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