The phrase 'under this deed' in an arbitration clause confines arbitrable disputes to those whose outcome is governed or controlled by the deed, and is narrower than 'arising out of' or 'in connection with'. The Fiona Trust presumptive approach — that parties are presumed to intend all disputes to be resolved by the same tribunal — does not apply in Australia. Claims for trustee removal and trust variation under the Trustee Act 1962 (WA) and the court's inherent jurisdiction are arbitrable in principle (per the majority), though Young JA dissented on this point. Where defences invoke a deed containing an arbitration clause but the claims do not arise under that deed, the court retains discretion to refuse a stay.
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