The primary judge dealt with some of these questions in answering agreed questions 10 and 12 at [116]-[145] and agreed question 11 at [662]-[668]. On the currently available evidence, the deeds were not the product of a commercial negotiation. We reject the challenge to her Honour’s decision not to allow the applicants to re-open their case. Lord Hope wrote a concurring speech (with which Lord Brown agreed). See also Metrocall Inc v Electronic Tracking Systems Pty Ltd [2000] NSWIRComm 136; (2000) 52 NSWLR 1. The second and contrasting approach is that adopted by the English Courts that a full merits hearing will be undertaken as to the existence and scope of the arbitration agreement and that the disputes fall within it: In dealing, however, with agreed questions 6 and 7, the primary judge expressed herself as applying the balance of probability approach reflected in the views of Aikens LJ for the Court of Appeal in, We think that any rigid taxonomy of approach is unhelpful, as are the labels “, To understand whether a body of disputes being the “matter”, assessed and characterised (at the necessarily early stage of the proceeding), is the subject of an arbitration agreement, will generally require the Court to form a view as to the legal meaning of the arbitration agreement. Subsidiaries of Hancock Prospecting include: HPPL House The ultimate source of the arbitrator’s power to decide matters in dispute between the parties is contractual: The arbitrator in those circumstances is not exercising judicial power. Case citations and examples could be multiplied but there is little point. Virtually the entirety of the validity claims are directed without discrimination to both the main agreement and the arbitration agreements. Secondly, they submitted that the conduct of Mrs Rinehart and HPPL the subject of the pleaded case in connection with the settlement deeds was conduct “in trade or commerce”. On the other hand, if (as in this case) the allegation is that the agent exceeded his authority by entering into a main agreement in terms which were not authorised or for improper reasons, that is not necessarily an attack on the arbitration agreement. In 1988 Lang Hancock established the Hope Margaret Hancock Trust, nominating Rinehart as trustee, with his four grandchildren named as beneficiaries. In the actions by WPPL, it claims royalties payable upon iron ore from the Hope Downs mine and a 50% ownership interest in the Hope Downs Tenements. It will be a matter for resolution, but a real and substantial issue as to the effect of the releases is raised such that a decision will be required on the operation of the deed – this is a dispute under the deed.

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