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Case Note - Rinehart v Hancock Prospecting Pty Ltd [2019] HCA 13; 366 ALR 635

Journal article | September 2020 | Available for purchase & free for members

Abstract

On 8 May 2019, the High Court of Australia handed down its eagerly anticipated decision in Rinehart v Hancock Prospecting Pty Ltd. It was hoped that the High Court would clarify the Australian approach to the interpretation of arbitration clauses, including whether the ‘presumptive liberal approach’ to construction endorsed by the House of Lords in Fiona Trust & Holding Corporation v Privalov (‘Fiona Trust’) was good law in Australia. While this did not materialise, there is much interesting content to be explored thoughout the case.

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Thanks

We thank the author of this Case Note Albert Monichino QC and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Dispute resolution, Arbitration Award, Security, Arbitration