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Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues

by Laina Chan

This article has been published as Chan, Two vexed issues in arbitration — The joinder of third parties and the arbitrability of indemnity issues — (2021) 31 ILJ 85. It looks at the approach of Australian courts to the extended definition of ‘party’ contained in the International Arbitration Act 1974 (Cth) and the domestic Commercial Arbitration Acts in which a party is defined to include parties claiming ‘through or under’ the named party to the arbitration agreement. The article as submitted to the Journal may be downloaded here. Robert Newlinds SC also interviews counsel on BenchTV on the ramifications of the case. The video can be accessed to subscribers of BenchTV on https://benchtv.com.au/cletv/the-intersection-between-commercial-arbitration-and-insurance-contracts-with-laina-chan-and-robert-newlinds-sc/

The article can be downloaded here

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