Clough Projects Australia v Elecnor Australia [2026] NSWCA 111

The New South Wales Court of Appeal dismissed both Clough’s appeal and Elecnor’s cross-appeal from a partial stay order in a joint venture dispute. The Court left Elecnor’s DOCA and compulsory-acquisition claim in the Commercial List, but required Clough’s separate security-contribution cross-claim to proceed in Singapore-seated ICC arbitration.

Bell CJ, with Ward P and Free JA agreeing, held that the proceedings involved two distinct “matters” for s 7 of the International Arbitration Act 1974 (Cth). The contribution claim was a discrete monetary controversy capable of arbitration. The compulsory-acquisition dispute was different because it required the court to address the effect of a DOCA and Part 5.3A of the Corporations Act in a way that could affect creditors and third-party interests.

A fuller case note will follow after review of the judgment.