ARBITRATION - application by the first respondent for a mandatory stay pursuant to s 8 of the Commercial Arbitration Act 2010 (NSW) - whether the arbitration agreement is inoperative - where respondent to the stay application relies upon subsequent contractual arrangements between other parties to demonstrate inoperability - meaning of "inoperative" and determination of the proviso question - where the subsequent agreements relied upon do not have the effect of causing the arbitration agreement to cease having effect - mandatory stay pursuant to s 8 of the Commercial Arbitration Act 2010 (NSW) granted
ARBITRATION - application by the second and third respondents for a mandatory stay pursuant to s 8 of the Commercial Arbitration Act 2010 (NSW) - determination of the statutory precondition of whether the second and third respondents brought an application for a stay not later than when submitting their first statement on the substance of the dispute within the meaning of s 8 of the Commercial Arbitration Act 2010 (NSW) - where second and third respondents did not meet the statutory precondition of seeking a stay not later than when submitting their first statement on the substance of the dispute - application for a mandatory stay dismissed
PRACTICE AND PROCEDURE - applications for a discretionary stay pursuant to s 23 of the Federal Court of Australia Act 1976 (Cth) - where certain non-arbitral matters are ancillary to matters the subject of the mandatory stay granted in favour of the first respondent - where there are closely overlapping facts and where the arbitral matters will be largely determinative of a number of aspects of the claims made by the applicants - where discretionary stay is consistent with the facilitation of the overarching purpose - discretionary stay granted to second, third and fourth respondents
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