An arbitration clause that refers only the 'proportion' of a rent reduction to arbitration does not encompass the threshold question of entitlement to that reduction. The presumption against bifurcation of disputes (from Hancock Prospecting) does not override clear and non-elastic language in an arbitration clause. Where the entitlement issue remains contested and no quantification issue has yet arisen, there is no 'matter' which is the subject of the arbitration agreement for the purposes of s 8(1) of the Commercial Arbitration Act 2011 (Vic).
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