An exception to an arbitration clause permitting 'urgent interlocutory or declaratory relief' requires both that the relief is in fact urgent (determined objectively) and that the party reasonably believes the relief is necessary to protect its rights. The word 'urgent' qualifies both 'interlocutory' and 'declaratory' relief. In assessing urgency, the relative ability of courts and arbitrators to determine disputes swiftly is a relevant consideration. Declaratory awards made by arbitrators are enforceable in Australia.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
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