AUSTRALIA 41 A

Supreme Court of Western Australia, 14 October 2014, File no/S : CIV 1906 of 2014

(KNM Process Systems Sdn Bhd v. Mission NewEnergy Ltd formerly known as Mission Biofuels Ltd)

14 - 10 - 2014

AUSTRALIA 41 A

Yearbook Yearbook Commercial Arbitration, A.J. van den Berg (ed.), Vol. XL (2015)
Jurisdiction Australia
Summary

See also Supreme Court of Western Australia, 30 January 2015, File no/S : CIV 1906 of 2014 (KNM Process Systems Sdn Bhd v. Mission NewEnergy Ltd formerly known as Mission Biofuels Ltd) AUSTRALIA 41 B

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
226

Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.

Third parties (see also Art. I sub F "problems concerning the identity of the respondent", ¶106)
AUSTRALIA 41 A