Alvaro v Amaral

[2013] WASCA 16

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay pending appeal
4. › Special circumstances
5. › Whether appeal rendered nugatory by refusal of stay
6. › Civil Judgments Enforcement Act 2004 (WA), s 15(3)
1. Arbitration
2. › Commercial arbitration
3. › Leave to appeal interim award
4. › Stay of order refusing leave
5. › Whether stay would prevent arbitration from continuing
6. › Commercial Arbitration Act 1985 (WA), s 38(2)

Quick Take

A stay of an order refusing leave to appeal an interim arbitral award on jurisdiction will not be granted where the stay would not prevent the arbitration from continuing and the appeal would not be rendered nugatory. The appropriate course for a party seeking to halt arbitration proceedings pending appeal is to apply to the arbitrator for an adjournment.