FIJI 1

08 - 05 - 2019

FIJI 1

Yearbook Yearbook Commercial Arbitration, S. W. Schill (ed.), Vol. XLIV (2019)
Jurisdiction Fiji
Summary

Fiji 1. South Pacific Fertilizer Limited v. Allied Harvest International Pte Ltd, High Court of Fiji, HBC 142 of 2017, 8 May 2019

Related topics
217

The court discusses the meaning and effect of the referral of the resolution of disputes to arbitration, including: who can ask for referral and when, whether a party has waived its right to request arbitration, the defense that there was no contract at all; whether there was a condition precedent to the commencement of arbitration (e.g. mediation), stay of proceedings v. compelling arbitration, and national procedural specificities such as remand and removal (US), effect of class action. etc.

Referral to arbitration in general
228

Related court proceedings: The court discusses whether provisional measures, such as the pre-award attachment of assets, are compatible with the Convention.

Pre-award attachment and other provisional measures
FIJI 1