AUSTRALIA 3
Yearbook
Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XI (1986)
Jurisdiction
Australia
Original full text
Full text decision AUSTRALIA 3
Excerpt
Excerpt decision AUSTRALIA 3
Summary
Australia 3. Supreme Court of New South Wales, Common Law Division, 28 March 1984
Related topics
201
Scope of arbitration agreement
The court discusses whether the dispute falls within the wording of the arbitration agreement; and whether claims in tort fall within the scope of the agreement.
214-216
Field of application
218
Referral is mandatory
The court discusses whether referral of the resolution of disputes to arbitration is mandatory under the Convention and whether mandatory referral is an internationally uniform rule which supersedes municipal law.
223
Arbitrability (see also Art. V(2) sub ground a. "arbitrability", ¶519)
The court discusses whether a certain dispute could be settled by arbitration, and the law applicable to that determination.