i-law

Arbitration Law Monthly

Stay of proceedings: arbitrability

There were numerous issues and a copious citation of authority in Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206, a decision of Martin CJ in the Supreme Court of Western Australia. The main questions concerned the scope of the arbitration clause, effect of parallel jurisdiction and arbitration provisions and the arbitrability of matters involving a trust.

Fitzpatrick : the contractual arrangements

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