ARBITRATION - appeal from interlocutory decision on an application under s 8(1) of the Commercial Arbitration Act 2010 (NSW) seeking an order that the parties to the proceeding be referred to arbitration in respect of the subject matter of various deeds - whether the primary judge erred in ordering a proviso trial under s 8(1)
ARBITRATION - whether the arbitration contemplated by the arbitration agreements is commercial for the purposes of the Commercial Arbitration Act 2010 (NSW) - meaning of the phrase "commercial arbitration" - whether parties need to demonstrate the existence of a pre-existing commercial relationship between the parties to the dispute - whether a family or domestic dispute and the arbitration to resolve it can also be characterised as a commercial dispute
ARBITRATION - proper approach to determination of an application under s 8(1) of the Commercial Arbitration Act 2010 (NSW) - proper approach to construction of an arbitration agreement - whether the disputes in question are the subject of an arbitration agreement - where arbitration agreements refer to "any dispute under this deed" - whether that phrase should be read as limited to those disputes governed or controlled by the deed - breadth of the potential meaning of entire phrase "any dispute under this deed"
ARBITRATION - whether parties that are not parties to the deeds and arbitration agreements can be referred to arbitration because they claim "through or under" entities who are parties - definition of party within s 2(1) of the Commercial Arbitration Act 2010 (NSW) - whether the claims against third parties are part of the same "matter" within s 8(1) of the Commercial Arbitration Act 2010 (NSW) - circumstances in which claims against third party companies can be stayed under the Court's general power to stay proceedings
ARBITRATION - principles of separability and competence - whether any of the arbitration agreements can be said to be null and void, inoperative or incapable of being performed - whether the requisite separate attack on the arbitration agreement present - character of the necessary attack on the arbitration agreement for the proviso of s 8(1) - construction of phrase "null and void" - circumstances in which the Court should hear the separate attack or permit the arbitral tribunal to hear the attack
CONSTITUTIONAL LAW - Constitutional validity of s 8(1) of the Commercial Arbitration Act 2010 (NSW) - whether s 8(1) is picked up by s 79 of the Judiciary Act 1903 (Cth) - whether allowing the arbitrator to decide the proviso challenge under s 8(1) impermissibly confers judicial power upon the arbitrator
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