In the matter of Ikon Group Limited (No 2) [2015] NSWSC 981

In the matter of Ikon Group Limited (No 2) [2015] NSWSC 981

Claims against parties to the arbitration agreement relating to breaches of directors' duties and payments arise out of or relate to the joint venture documents and are amenable to arbitration; the proceedings are stayed and referred to arbitration per International Arbitration Act and joint venture agreement clauses, even if certain statutory relief cannot be granted by the arbitrator.

Jurisdiction
Australia
Judgment Date
13 May 2015
Procedural Posture
Interlocutory Application / Stay and Referral to Arbitration
Outcome
Claims against first and second defendants stayed and referred to arbitration. Plaintiff to pay costs.
Legal Topics
['stay of Proceedings' 'referral to Arbitration' "directors' Duties" 'joint Venture Dispute']
['international Arbitration' 'corporations Law'] ['stay of Proceedings' 'referral to Arbitration' "directors' Duties" 'joint Venture Dispute']

Case Brief

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Procedural Posture

Interlocutory Application / Stay and Referral to Arbitration

Legal Issues

  1. 1 ['Whether claims in the originating process are capable of settlement by arbitration under the agreement' 'Whether any statutory relief sought cannot be determined by arbitration' 'Scope of arbitration clause in joint venture agreement']

Ratio Decidendi

Claims against parties to the arbitration agreement relating to breaches of directors' duties and payments arise out of or relate to the joint venture documents and are amenable to arbitration; the proceedings are stayed and referred to arbitration per International Arbitration Act and joint venture agreement clauses, even if certain statutory relief cannot be granted by the arbitrator.

Court Disposition

Claims against first and second defendants stayed and referred to arbitration. Plaintiff to pay costs.

Orders

  • ['Claims 1-6, 8-12 and 14-18 in the originating process against first and second defendants stayed and referred to arbitration.' "Plaintiff to pay first and second defendants' costs of the interlocutory process."]