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When Trade Practices Act claims are raised in disputes that are subject to international arbitration agreements
The Federal Court has recently granted an injunction to an Australian engineering company against an Indian corporation, despite the fact that the contract between the two companies contained a clause submitting their disputes to arbitration. The interlocutory decision in Clough Engineering Limited v Oil & Natural Gas Corporation Ltd [2007] FCA 881 emphasises the problems that arise when claims under the Trade Practices Act are raised in disputes that are subject to international arbitration agreements.
Full article appears in International Arbitration Update.