Feldman v Tayar

(2021) 64 VR 429; [2021] VSCA 185

Victorian Court of Appeal

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Interrogate

Catchwords

1. Arbitration
2. › Commercial arbitration
3. › Arbitration agreement
4. › Definition and form
5. › Writing requirement
6. › Whether agreement submitting 'certain disputes' to arbitration must identify specific disputes in writing
7. › Whether written mechanism for future identification of disputes sufficient
8. › Whether oral agreement to dispense with pleadings affected validity of arbitration agreement
9. › Commercial Arbitration Act 2011 (Vic), ss 1(3)(b), 7(1), 7(3), 7(4)
1. Arbitration
2. › Commercial arbitration
3. › Award
4. › Form and contents
5. › Adequacy of reasons
6. › Whether arbitral reasons required to be of judicial standard
7. › Whether disjointed reasons adequately set out reasoning process
8. › Commercial Arbitration Act 2011 (Vic), s 31(3)
1. Arbitration
2. › Commercial arbitration
3. › Enforcement of award
4. › Grounds for refusing enforcement
5. › Whether award dealt with disputes not falling within terms of submission to arbitration
6. › Commercial Arbitration Act 2011 (Vic), ss 35, 36

Quick Take

A written mechanism for identifying disputes (such as a direction for pleadings) satisfies the writing requirement for arbitration agreements even if the mechanism is not ultimately followed, provided the agreement identifies the general nature of the disputes.