Key Points:
Expanding the definition of "court" under the
Victorian legislation has implications for the interpretation of
the Model Law on International Commercial Arbitration across
Australia.
In Subway Systems v Ireland [2014] VSCA 142, the Victorian Court
of Appeal decided that the Victorian Civil and Administrative
Tribunal (VCAT) is a "court" for the
purposes of the Commercial Arbitration Act 2011 (Vic). This
decision adds another layer of difficulty for parties who have
previously agreed to an arbitration clause to wriggle their way out
of it by starting proceedings in VCAT.
The decision's significance is also magnified as it is a
decision on the uniform Commercial Arbitration Act
(CAA), which is enacted in all states and
territories except the ACT, and modelled on the United Nations
Commission on International Trade Law (UNCITRAL)
Model Law on International Commercial Arbitration. It is therefore
likely to have implications for similar tribunals in
