David Levin QC (2009) 25 BCL 298

This article [first published in (2009) 25 BCL 298] explores the vexed issue of whether proportionate liability legislation applies to arbitrations conducted under the Commercial Arbitration Acts. The Tasmanian Full Court has delivered its judgment in the Aquagenics appeal referred to in this paper. It is reported at [2010] TASFC 3. Although essentially obiter, the judges in the Full Court supported the proposition that the proportionate liability legislation in Tasmania, at least, could have no application in arbitrations conducted under the Commercial Arbitration Act.

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