InfraShore Pty Ltd v Health Administration Corporation [2015] NSWSC 736

InfraShore Pty Ltd v Health Administration Corporation [2015] NSWSC 736

The action was not in a matter that was subject to the arbitration agreement or the agreement was inoperative with respect to it, as clause 40 required disputes to be referred to arbitration only via explicit procedures which had been exhausted, and neither party had the right to force arbitration after expert determination unless further agreement was reached.

Parties
Plaintiff/respondent: InfraShore Pty Ltd; Defendant/applicant: Health Administration Corporation
Jurisdiction
Australia
Judgment Date
12 June 2015
Procedural Posture
Motion / Decision on Referral to Arbitration and Stay
Outcome
Motion dismissed.
Legal Topics
Arbitration Agreement, Expert Determination, Contractual Construction, Dispute Resolution Clause
Commercial Arbitration Contract Law Arbitration Agreement Expert Determination Contractual Construction Dispute Resolution Clause

Case Brief

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Parties

InfraShore Pty Ltd

Plaintiff/respondent

Health Administration Corporation

Defendant/applicant

Procedural Posture

Motion / Decision on Referral to Arbitration and Stay

Legal Issues

  1. 1 Whether the present dispute is subject to an arbitration agreement under the Contract
  2. 2 Whether s 8(1) of the Commercial Arbitration Act 2010 (NSW) applies to require referral to arbitration
  3. 3 Whether the arbitration agreement is inoperative with respect to the present dispute

Ratio Decidendi

The action was not in a matter that was subject to the arbitration agreement or the agreement was inoperative with respect to it, as clause 40 required disputes to be referred to arbitration only via explicit procedures which had been exhausted, and neither party had the right to force arbitration after expert determination unless further agreement was reached.

Court Disposition

Motion dismissed.

Orders

  • Motion seeking referral to arbitration and stay dismissed.
  • Directions for further conduct of proceedings to be made.