• Insolvency Insider Australia
  • Posts
  • Arbitrability, Corporate Insolvency, and Fractured Disputes: The NSW Court of Appeal’s Approach in Clough v Elecnor and the Lex Domicilii vs. Lex Arbitri Divide

Arbitrability, Corporate Insolvency, and Fractured Disputes: The NSW Court of Appeal’s Approach in Clough v Elecnor and the Lex Domicilii vs. Lex Arbitri Divide

Author

Insolvency Insider
June 25, 2026

Mahmoud Abuwasel of Wasel & Wasel summarises the NSW Court of Appeal’s decision to split a dispute between Singapore arbitration and the Australian courts, confirming that contractual claims may remain arbitrable while disputes concerning a DOCA and third-party creditor rights must be determined under Australia’s mandatory insolvency regime.