CPB CONTRACTORS PTY LTD v CELSUS PTY LTD (NO 2)

摘要

I have considerable sympathy for the attempt made by the Builders to attempt to fashion a pragmatic way in which all issues can be resolved efficiently. The fact is, however, that as the State submits, almost all of the factual controversy between the State and the Builders will already be the subject of findings by the current determination of the arbitral proceedings before Dr Lindgren. The perceived problem caused by the failure to be able to have the IC participate, so that the resolution of all issues is achieved in a way which will be binding on all parties, is one which is a function of the particular contractual regime which was agreed between the parties.