Arb-med-arb: Follow the rules or face the costs
Case note | NSW | May 2019 | Available for purchase & free for members
This case note by Erika Williams and Alex Nicolaidis examines the New South Wales Supreme Court decision of Ku-ring-gai Council v Ichor Constructions Pty Ltd  NSWSC 610 (Ku-ring-gai Decision). The Ku-ring-gai Decision provides an important reminder that courts are prepared to take a strict approach when construing prescriptive legislative requirements, such as the ‘arb-med-arb’ provisions of the Commercial Arbitration Act 2010 (NSW) in this case. Arb-med-arb describes the process where an arbitrator ceases to act as an arbitrator in order to act as a mediator in arbitration proceedings and then later continues in their mandate as an arbitrator, following mediation.
We thank the authors of this case note Erika Williams and Alex Nicolaidis and the journal editor Russell Thirgood for their contribution to this journal.