WHAT YOU NEED TO KNOW:
- Two recent Supreme Court decision affirm previous authority to the effect that Courts will not decline to refer a proceeding to arbitration simply because it includes statutory claims under the Corporations Act.
- An exception is where the claim relates to the dissolution or winding up of a company. Such claims have not been referred to arbitration for reasons of public policy.
Lorraine Hui, Georgia Quick and Ursula Adamiec
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