Category: ADR

Is a Domestic Sporting Tribunal hearing a Commercial Arbitration?

Croft J was asked to consider whether a hearing before the AFL Anti-Doping Tribunal was a “domestic commercial arbitration” pursuant to the Commercial Arbitration Act 2011 for the purpose of issuing subpoenas to compel third parties to give evidence or produce documents.

What is an “arbitration”?

Are proceedings before the AFL Anti-Doping Tribunal an “arbitration” for the purposes of the Commercial Arbitration Act 2011 (Vic) such that ASADA is entitled to subpoenas pursuant to section 27A of the Act requiring witnesses to attend and produce documents before the Tribunal?

A court, or not a court: that is the question

This case decided that VCAT is not a “court” for the purposes of the Commercial Arbitration Act 2011 (“CAA”) and therefore is not obliged to refer parties to arbitration in accordance with section 8 of the CAA where the matter before VCAT is the subject of an arbitration agreement.