Defective arbitration clause: stay of proceedings

In Broken Hill City Council v Unique Urban Built Pty Ltd [2018] NSWSC 825 Hammerschlag J was faced with an application to stay judicial proceedings in favour of arbitration under the rules of a nominated arbitration association that did not in fact exist. The question was whether the arbitration clause was “inoperative” in such circumstances.

Broken Hill City Council : the facts