Australia, The Court of Appeal upheld th

Australia, The Court of Appeal upheld the decision of the trial judge, stating at [54] that ‘the meaning of “method of resolving disputes” requires a method that will result in an actual resolution of the dispute, rather than just offering a forum for the discussion of the controversies between the parties, which may or may not lead to their resolution’, and at [58] that it ‘should be construed in such a way that it contemplates an alternative means of securing the certainty and finality of a binding amount’.