We congratulate Jay Tseng as the winner of the 2019 CIArb Australia Essay Competition.
Jay Tseng is a solicitor at King & Wood Mallesons. He holds a Bachelor of Laws from QUT and Master of Laws from University College, London. Jay has an interest in cross-jurisdictional matters and international arbitration and a broad practice in domestic and international dispute resolution in the construction, energy and commercial sectors. He is admitted in Australia, the Senior Courts of England & Wales and New Zealand and has experience working in Australia and London.111
Jay's winning essay focussed on interpreting contracts, including an arbitration clause, by reference to its context, and the implications of that for an arbitration clause. In that sense it is particularly responsive to the question that was asked, as opposed to merely discussing Rinehart at large. It makes an interesting and effective attempt to argue that Rinehart does not really detract from, and can be reconciled with, separability and the kompetenz-kompetenz principle.