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