Learning & events

PDG event | How will your arbitration agreement be interpreted? The High Court decides.

with Albert Monichino QC and Monique Carroll

Tuesday 27 August 2019 | Melbourne

Avoid the surprise: Understanding the High Court’s interpretation of your arbitration agreement.

A significant decision for arbitration in Australia was recently made by the High Court in Rinehart v Hancock Prospecting Pty Ltd.

After years of litigation in various courts, the High Court of Australia has settled how the arbitration agreement in the matter is to be interpreted and that non-parties to that agreement can participate in the arbitration by claiming "through or under" a party to the agreement.

In reaching its decision, the High Court declined to adopt the “presumptive liberal approach” to interpretation of arbitration agreements handed down in the Fiona Trust case opining that Fiona Trust is likely to assume less significance as parties adopt the broadly drafted arbitration clause recommended by UNCITRAL.

What are the implications for arbitration in Australia?

Justice Clyde Croft (Supreme Court of Victoria) will moderate the session, which will be co-led by:

  • Monique Carroll, Special Counsel, KWM
  • Albert Monichino, QC

We hope you can join Resolution Institute and King&Wood Mallesons for an insightful and interesting discussion over wine and cheese with the arbitration community.

About the presenters

Albert Monichino QC
Albert is a Chartered Arbitrator and is accredited as an advanced mediator; the Immediate Past President of the Chartered Institute of Arbitrators Australian Branch ("CIArb"); a Fellow of the Resolution Institute, the Australian Centre for International Commercial Arbitration ("ACICA") and the Singapore Institute of Arbitrators ("SIArb"). He is a former Vice President of the Commercial Bar Association of the Victorian Bar (COMMBAR). He regularly represents parties in arbitrations and has acted as counsel, or has been appointed as arbitrator, for disputes seated in Australia, Singapore, Hong Kong and Malaysia.

Monique Carroll

In addition to representing clients in complex commercial litigation in Australia, Monique is a cross-border and regulatory disputes specialist and is a Fellow of the Chartered Institute of Arbitrators and ACICA. Her experience includes working in Australia and China acting as advisor and counsel in international arbitrations, international trade and investment treaty disputes and as international counsel providing strategic oversight for regulatory and government related disputes across jurisdictions.

Thanks to King & Wood Mallesons for generously supporting this event.