An arbitrator who decides a dispute partly on the basis of a point that neither party has raised, without giving the parties an opportunity to address it, commits a breach of natural justice amounting to misconduct under s 42(1) of the Commercial Arbitration Act 1985 (WA). In paper arbitrations, the risk of such breaches is heightened because there is no oral hearing at which new points might be ventilated. Where the breach may have affected the result, the court will exercise its discretion to set aside the award.
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
2 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.