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Australia Leading Case arbitration agreements

Rinehart v Hancock Prospecting Pty Ltd

(2019) 267 CLR 514
JurisdictionAustralia
CourtHigh Court of Australia
Year2019
StatusBinding authority

Summary

A dispute must be referred to arbitration if it falls within the scope of the arbitration agreement, applying a generous interpretation in favour of arbitrability.

Key Principle

The HCA held that a dispute must be referred to arbitration if it falls within the scope of the arbitration agreement; the court applies a generous interpretation in favour of arbitrability.

Area of Law

arbitration

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TCL Air Conditioner v Judges of the Federal Court (Arbitral Awards) [2013] HCA 5

Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) Limited [2025] HKCA 936

First HK Court of Appeal decision holding that injunctions may restrain foreign winding-up proceedings in support of a Hong Kong arbitration agreement.

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