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 [2018] 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.

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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.

Tags: Arbitration, Mediation, Legal practice, Dispute handling administration