Section 43 of the Commercial Arbitration Act 1985 (WA) operates as a broad remitter power subject to six identified constraints: it cannot be used where the substance of the complaint is error of law on the face of the award (s 38(1)); it extends to misconduct within s 42; remitter is generally preferred over removal for failures to deal with issues; it does not apply to interlocutory decisions; it should not be used for s 30 slip-rule corrections; and it otherwise operates to prevent injustice. An arbitrator making provisional rather than final findings, or determining unpleaded issues, commits technical misconduct warranting partial setting aside, but not necessarily removal.
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