ANGELA RAGUZ v REBECCA SULLIVAN & ORS [2000] NSWCA 240

ANGELA RAGUZ v REBECCA SULLIVAN & ORS [2000] NSWCA 240

The Court's jurisdiction to grant leave to appeal was excluded by an exclusion agreement in writing between the parties, operative under s40 of the Commercial Arbitration Act 1984 (NSW). The relevant arbitration agreement expressly provided for the seat of arbitration to be in Switzerland, making it a non-domestic arbitration agreement. Therefore, s40 precluded the application for leave to appeal.

Jurisdiction
Australia
Judgment Date
01 September 2000
Procedural Posture
Appeal / Judgment Appeal From Arbitral Award, Application for Leave to Appeal, Decision on Jurisdiction Under Commercial Arbitration Act 1984 (nsw)
Outcome
Proceedings dismissed; Court had no jurisdiction to grant leave to appeal due to operative exclusion agreement.
Legal Topics
['exclusion Agreement' 'jurisdiction of Court' 'appeal Rights Under Commercial Arbitration Act 1984 (nsw)' 'nomination/selection for Olympic Games' 'multipartite Arbitration Agreements' 'seat of Arbitration']
['arbitration' 'sports Law' 'contract Law'] ['exclusion Agreement' 'jurisdiction of Court' 'appeal Rights Under Commercial Arbitration Act 1984 (nsw)' 'nomination/selection for Olympic Games' 'multipartite Arbitration Agreements' 'seat of Arbitration']

Case Brief

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Procedural Posture

Appeal / Judgment Appeal From Arbitral Award, Application for Leave to Appeal, Decision on Jurisdiction Under Commercial Arbitration Act 1984 (nsw)

Legal Issues

  1. 1 ["Whether Supreme Court's jurisdiction to grant leave to appeal under s38(4) of the Commercial Arbitration Act 1984 (NSW) was excluded by an exclusion agreement under s40" "Whether the relevant agreement constituted a 'domestic arbitration agreement' for the purposes of the Act" 'Proper construction and effect of multi-document arbitration and exclusion agreements in sports nomination disputes']

Ratio Decidendi

The Court's jurisdiction to grant leave to appeal was excluded by an exclusion agreement in writing between the parties, operative under s40 of the Commercial Arbitration Act 1984 (NSW). The relevant arbitration agreement expressly provided for the seat of arbitration to be in Switzerland, making it a non-domestic arbitration agreement. Therefore, s40 precluded the application for leave to appeal.

Court Disposition

Proceedings dismissed; Court had no jurisdiction to grant leave to appeal due to operative exclusion agreement.

Orders

  • ["Plaintiff's summons dismissed." "Fourth defendant (Court of Arbitration for Sport Pty Ltd) to pay half the plaintiff's costs." 'First defendant to have her costs paid as to one half by the second defendant and as to one half by the fourth defendant.']