Clifford Chance

Nothing to get wound up about: Federal Court refers Masters case to arbitration

17 October 2016

In WDR Delaware Corporation v Hydrox Holdings Pty Ltd [2016] FCA 1164, the Federal Court decided to stay the proceedings brought before it and refer the dispute to arbitration, save for the ultimate question of whether a winding-up order against the first defendant should be made. The decision illustrates the policy of minimal curial intervention that Australian courts follow where arbitration is concerned. The decision also confirmed the arbitrability of certain claims under the Corporations Act (2001) (Cth).

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