Under s 8(1) of the Commercial Arbitration Act 2012 (WA), any party to a multi-party arbitration agreement may request a mandatory stay of court proceedings in an arbitral matter, even if that party is not itself a party to the particular dispute. The statutory definition of 'party' in s 2(1) applies to s 8(1) and is not to be read down. A non-party to curial proceedings who is a party to the arbitration agreement may seek leave to intervene to invoke s 8(1). The test for claiming 'through or under' a signatory to an arbitration agreement does not require a relationship of proximity between the claimant and the signatory.
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