In Western Australia, following the 1997 amendment to s 38(5) of the Commercial Arbitration Act 1985, the test for leave to appeal from an arbitral award on the ground of manifest error of law requires the error to be evident or obvious rather than merely arguable, with powerful reasons for considering on a preliminary basis that there is an error of law on the face of the award. The broad discretionary approach previously applied under the unamended provision is no longer applicable. Cases decided under the former s 38(5) are of limited assistance.
The full text is available to signed-in members, including the 16 later cases that cite this judgment.
1 of the 16 citing cases carry a classified treatment. How each court treated it is available to signed-in members.