this product is unavailable for purchase using a firm account, please log in with a personal account to make this purchase.

Select from any of the filters or enter a search term
Calendar
Calendar

Just no choice

Just no choice

By John Sharkey

Arbitration  


Practitioners familiar with applications under the Commercial Arbitration Act 1984 (Vic) for the stay of curial proceedings brought in the face of an arbitration agreement encountered a new world on 17 November 2011 when the Commercial Arbitration Act 2011 (the Act) came into operation. Gone was the discretionary power in the court to stay proceedings if the parties were subject to an arbitration agreement. Section 8 of the Act removed the court’s discretion to decline to grant a stay in language that rendered the provision mandatory. Since its enactment we have seen a continuing growth in judicial consideration of the Act and it has been s8 that has received most attention. Of course, the Act is part of uniform legislation of the states and territories but the Supreme Court of Victoria in five judgments to date has made, and continues to make, its own unique contribution to the existing body of law on the subject of applications to stay curial proceedings in the context of commercial arbitration.

The content you are trying to access is exclusive to LIV members*

To access your exclusive member content please click the 'Already a Member' button below and you will be redirected automatically.

Not a member but would like to find out about the value of LIV membership? Click the 'Become a Member' button below or call our membership team on (03) 9607 9470.

*Note that some content may be exclusive to specific types of members. If you would like to inquire about your access please contact the membership team on (03) 9607 9470.