Villani & Anor v Delstrat Pty Ltd & Anor

[2002] WASC 112

Supreme Court of Western Australia

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Interrogate

Catchwords

1. Arbitration
2. › Commercial arbitration
3. › Award
4. › Setting aside award
5. › Misconduct by arbitrator
6. › Failure to determine all issues in dispute
7. › Whether failure to decide substantial pleaded issues amounts to misconduct
8. › Commercial Arbitration Act 1985 (WA), ss 4, 42
1. Arbitration
2. › Commercial arbitration
3. › Arbitrator
4. › Duty to determine matters in controversy
5. › Implied condition of arbitration agreement
6. › Failure to resolve defined issues in points of claim and defence
1. Arbitration
2. › Commercial arbitration
3. › Arbitrator
4. › Duty to give reasons
5. › Whether failure to give adequate reasons amounts to breach of natural justice or procedural misconduct
6. › Commercial Arbitration Act 1985 (WA), s 29(1)(c)
1. Arbitration
2. › Commercial arbitration
3. › Arbitrator
4. › Removal of arbitrator
5. › Whether misconduct in failing to determine issues warrants removal
6. › Absence of moral turpitude, bias or corruption
7. › Commercial Arbitration Act 1985 (WA), s 44

Quick Take

An arbitrator's failure to determine all necessary issues defined by the points of claim and defence constitutes procedural misconduct warranting setting aside the award under s 42 of the Commercial Arbitration Act 1985 (WA), even where the misconduct does not involve moral turpitude or bias. Such misconduct does not of itself warrant removal of the arbitrator under s 44, and the matter may be remitted to the same arbitrator for reconsideration.