Challenge to jurisdiction resulting from a carve out in a statutory arbitration clause (Cadent Gas Ltd v CityFibre Ltd)

Article summary

Arbitration analysis: The New Roads and Street Works 1991 (NRSW 1991) provides a scheme for resolving disputes arising out of street work claims. The NRSW 1991, s 96(3) provides that ‘Where under any provision of this Part a person is entitled in certain circumstances to recover costs or expenses incurred by him in executing works or other steps, any dispute as to the existence of those circumstances or as to the amount recoverable shall be determined by arbitration. This applies whether the provision is expressed as conferring a right to recover, or as imposing a liability to reimburse or indemnify or to bear the cost, but does not apply in relation to a provision expressed as providing for the charging of a fee or conferring a right to compensation or in relation to section 78 (contributions to cost of making good long-term damage to the street).’ His Honour Judge Hodge decided...