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The Nuance Group (Australia) Pty Ltd v Shape Australia Pty Ltd
The Nuance Group (Australia) Pty Ltd v Shape Australia Pty Ltd [2021] NSWSC 1498
Key Principle
A challenge that an arbitral claim was brought out of time (a time-bar or non-compliance with a pre-arbitration condition) goes to the admissibility of the claim, not to the tribunal's jurisdiction, and so is not a ground for setting aside or refusing enforcement of the award.
Area of Law
a
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