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- AUSTRALIA 41 A
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)
AUSTRALIA 41 A
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
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.
Multi-party disputes: The court discusses under which conditions non-signatories are covered by an arbitration agreement entered into by another party.