Abstract
Australia’s status as a forum supportive of international commercial arbitration has been strengthened by the decision of the Full Court of the Federal Court in Comandate Marine Corp v Pan Australia Shipping Pty Ltd. In the Comandate case, the Full Court held that the commencement of in rem proceedings for the arrest of a ship will not constitute repudiation, or acceptance of repudiation, of an agreement to arbitrate or waiver of the right to arbitrate. The Full Court also had occasion to consider the whether claims for misleading or deceptive conduct brought under the Trade Practices Act 1974 (Cth) were arbitrable in the context of an ‘all disputes arising out of’ arbitration clause. The Full Court, led by His Honour Mr Justice Allsop, distinguished the decision in Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No.5) (1998) 90 FCR 1 (‘The Kiukiang Career’) and held that, in the context of the NYPE 1993 contract and its embedded agreement to arbitrate, Trade Practices Act pleas were arbitrable notwithstanding the absence of an equivalent consumer protection statute in the law of the forum selected by the parties.