An arbitration award that fails to include a statement of reasons as required by s 29(1)(c) of the Commercial Arbitration Act 1986 (Tas) is not a nullity and remains valid and enforceable; the appropriate remedy for a party aggrieved by the absence of reasons is to appeal or seek remission under ss 38, 42 or 43, not to resist enforcement. An award requiring a party to contribute to the future cost of constructing a boundary fence cannot be enforced under s 33 of the Commercial Arbitration Act because it is not in a form enforceable as a court judgment; the appropriate enforcement mechanism is s 13(b) of the Boundary Fences Act 1908 (Tas). The costs component of such an award may be enforced under s 33 once quantified by the arbitrator under s 39 of the Boundary Fences Act.
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