Joinder of a party to an arbitration agreement as a defendant to proceedings between other parties does not, absent pleadings between the arbitral parties, engage s 8 of the Commercial Arbitration Act 2012 (WA) or constitute a waiver of arbitration rights. The principle governing costs of a successful intervener is not confined to cases where intervention was necessary to protect the intervener's 'rights'; it extends to protection of a distinct 'interest'.
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