Arbitrability: shareholder disputes

In Fulham Football Club (1987) Ltd v Richards [2011] EWCA Civ 855 the Court of Appeal decided that disputes arising under shareholder agreements can be referred to arbitration even though there is a statutory remedy for minority shareholder oppression in the Companies Act 2006. Singapore and Australia have taken a similar approach. The most recent decision is that of the New South Wales Supreme Court in Re Infinite Plus Pty Ltd [2017] NSWSC 470.

Infinite Plus : the contractual arrangements