Larkden Pty Limited -v- Lloyd Energy Systems Pty Limited [2011] NSWSC 268

The arbitrator has jurisdiction to determine the claims and issues arising between Larkden and Lloyd under the Licensing Agreement concerning patents and licence fees, as these disputes are contractual and do not impinge upon the statutory functions of the Commissioner of Patents or the Federal Court, nor are they...

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 01 April 2011
Procedural Posture: Challenge to Arbitral Jurisdiction / Final Judgment on Challenge
Outcome: Plaintiff's challenge to arbitrator's jurisdiction dismissed; arbitrator's jurisdiction upheld
Legal Topics: ['arbitrability of Patent Disputes' 'interpretation of Arbitration Clause' 'contract Construction']

['commercial Arbitration' 'intellectual Property'] ['arbitrability of Patent Disputes' 'interpretation of Arbitration Clause' 'contract Construction']

Source-derived case record

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Procedural Posture

Challenge to Arbitral Jurisdiction / Final Judgment on Challenge

Legal Issues

1 ['Whether issues concerning patents and patent applications under the Licensing Agreement are arbitrable' 'Whether the disputes raised are hypothetical and not suitable for arbitration']

Ratio Decidendi

Court Disposition

Plaintiff's challenge to arbitrator's jurisdiction dismissed; arbitrator's jurisdiction upheld

Orders

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