The Courts and Arbitration

In this speech, given on 22 April 2024, the Honourable Justice Kristina Stern explores the issues arising when an application is made for a mandatory referral of an arbitral party, or a non-arbitral party who is said to be an arbitral party on the basis that they claim “through or under” an arbitral party. Her Honour acknowledges that it is beyond the scope of the paper to cover all of the issues which may arise. Her Honour instead has chosen to focus on some of the issues and the commentary which has arisen in relation to those issues.

A copy of her Honour’s speech can be viewed here.