Arbitration, Arbitration Proceedings, Australia, Commercial Arbitration, Domestic law, Governing Law, International arbitration, UNCITRAL Model Law
Tesseract and Choice of Law in Arbitration under the Model Law: Beyond Proportionate Liability
On 7 August 2024, the High Court of Australia (“Court”) delivered judgment in the much-anticipated Tesseract International v Pascale Construction [2024] HCA 24 in which the Court held that proportionate liability statutes apply in arbitration. This post seeks to draw attention to critical aspects of the decision of Australia’s highest court, and suggests that, properly…