Case note: Cheshire Contractors Pty Ltd v Civil Mining & Construction Pty Ltd [2021] QSC 75 and Great Union Pty Ltd v Sportsgirl Pty Ltd [2021] VSC 277

Journal article | June 2021 | Available for purchase & free for members


In each of these cases the application before the Court was brought by a defendant seeking to stay the proceeding and refer it to arbitration pursuant to the uniform Model Law based Commercial Arbitration Act s 8(1). In each case the plaintiff resisted the application, raising a question as to the ambit of the arbitration agreement, or as to its validity having regard to its statutory definition in s 7(1).

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We thank the author of this article David Byrne QC and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Arbitration Rules, Arts