A price redetermination clause in a long-term commodity supply agreement, where the arbitrator's powers are constrained by agreed pricing principles and the process involves a judicial inquiry, constitutes an 'arbitration' within the meaning of the Commercial Arbitration Act 1985 (WA), even though the arbitrator is determining a future price rather than resolving a dispute about existing rights. A failure to agree on price, where both parties have exchanged competing claims, constitutes a 'dispute' for the purposes of the definition of 'arbitration agreement'. Commercial confidentiality of documents sought by subpoena is a factor to be weighed but does not, standing alone, justify refusing to issue or setting aside a subpoena; the public interest in the administration of justice prevails.
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