Liam Connolly

The High Court has issued a ruling that significantly alters the playing field in domestic commercial arbitration, finding that proportionate liability defences can apply despite limitations on claimants joining third parties to disputes.

The High Court has agreed to weigh in on whether proportionate liability defences can be applied in the context of commercial arbitration.

A judge has ordered that disputes arising between Transurban and a group of contractors over the discovery of toxic PFAS chemicals in the soil at the site of the multi-billion dollar West Gate Tunnel project in Melbourne be sent to arbitration.