Case Note: Fitzpatrick v Emerald Grain Pty Ltd [2017] WASC 206

Summary

In the recent decision in Fitzpatrick v Emerald Grain Pty Ltd, Martin CJ of the Supreme Court of Western Australia considered whether the choice by the parties of specialist arbitration rules relating to grain sale disputes limited the scope of disputes that are captured by the arbitration clause. On this issue, the Court held that the parties’ choice of specialist arbitration rules did not limit the scope of disputes that were captured by the clause. Having construed the clause and its effect, the Court stayed the proceedings and referred the parties to arbitration.

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George Mallis, Associate, Clifford Chance, Perth

Jakub Korneluk, Paralegal, Clifford Chance, Perth