A trust is not a separate legal entity and cannot be a party to a contract or to arbitration proceedings; the proper parties are the individual trustees who signed the contract, regardless of whether they signed in their capacity as trustees. An error of law by an arbitrator, even a serious one, does not of itself constitute misconduct warranting removal under s 44 of the Commercial Arbitration Act 1985 (WA); removal requires the error to indicate impropriety, partiality or general lack of capacity such that a reasonable person would no longer have confidence in the arbitrator.
The full text is available to signed-in members, including the 8 later cases that cite this judgment.
1 of the 8 citing cases carry a classified treatment. How each court treated it is available to signed-in members.