Arbitration Agreements Binding Nonparties

    View Author November 2020
    In Rinehart v Hancock Prospecting Pty Ltd [2019] HCA 13, the High Court of Australia stayed litigation and forced a plaintiff to arbitrate against defendants who were not party to an arbitration agreement. The defendants’ defence raised matters within the scope of the arbitration agreement and meant they were claiming “through or under” a party to the arbitration agreement.