The High Court of Australia dismissed an appeal concerning whether the Supreme Court of Western Australia could set aside an arbitral award under section 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA). The High Court agreed that the tribunal had exceeded its authority by addressing a matter it was functus officio on, thus supporting the Supreme Court’s decision to invalidate the Second Interim Award. The Court confirmed that a tribunal’s overreach can result in the invalidation of an award and that the review should involve a fresh look at jurisdictional issues.
Shane Doyle KC (with S J Davis and D C McKimmie) appeared for the respondents, instructed by Norton Rose Fulbright.
The judgment can be read by clicking here
