31 Jul 2009
SURE CARE SERVICES LIMITED & ORS V AT YOUR REQUEST FRANCHISE GROUP LIMITED& ANOR HC AK CIV 2008-404-005112
- Citation
- openlaw-9ddd1155_95c7_423a_af62_574ba971b07e.pdf
- Court
- High Court
Clause 24(3), read in context, requires that once one party elects to refer a dispute to arbitration both parties are bound to that course; Fair Trading Act claims that arise from conduct 'touching' the franchise agreement fall within the arbitration clause; defendants properly referred disputes to arbitration, and the clause is not rendered inoperative by election, waiver, estoppel, participation of non-parties or public policy in the circumstances of this case.