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  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.
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 Hong Kong Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.View