Federal Court of Australia
Federal Court of Australia
Instagram Inc v Dialogue Consulting Pty Ltd [2022] FCAFC 7 Appeal from: Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA 1846
File number: VID 42 of 2021
Judgment of: JAGOT, LEE and STEWART JJ
Date of judgment: 4 February 2022
Catchwords: ARBITRATION – international commercial arbitration – appeal from refusal to stay proceeding in favour of arbitration under s 7 of the International Arbitration Act 1974 – where respondents filed stay application one year after proceeding was instituted – whether right to arbitration was waived – whether the primary judge's discretion miscarried in determining the question of waiver rather than referring it to an arbitrator – whether the applicant suffered prejudice by reason of the respondents' conduct
Legislation: International Arbitration Act 1974 (Cth) s 7 Federal Court Rules 2011 (Cth) rr 16.45, 20.31
Cases cited: Cabinetree of Wisconsin Inc v Kraftmaid Cabinetry Inc, 50 F 3d 388 (7th Cir, 1995) Dialogue Consulting Pty Ltd v Instagram, Inc [2020] FCA 1846 Fisher v AG Becker Paribas Inc, 791 F 2d 691 (9th Cir, 1986) Hancock Prospecting Pty Ltd v Rinehart [2017] FCAFC 170; 257 FCR 442 House v The King [1936] HCA 40; 55 CLR 499 Newirth v Aegis Senior Communities, LLC, 931 F 3d 935 (9th Cir, 2019) Saint Agnes Medical Center v PacifiCare of California, 31 Cal 4th 1187 (SC Cal, 2003)
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