Trust dispute no bar to arbitration

Case note | WA | July 2018 | Available for purchase & free for members

Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206


Arbitration – scope of arbitration agreement – whether a dispute as to an alleged breach of trust constitutes a “matter” within the scope of an arbitration agreement – proper approach to interpretation of arbitration agreements – whether the arbitration agreement is incapable of being performed – application for stay of proceedings under s 8 of the Commercial Arbitration Act 2012 (WA)

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We thank the authors of this case note Albert Monichino QC and Adam Rollnik and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration