Cbi Constructors Pty Ltd v Chevron Australia Pty Ltd

[2023] WASCA 1

Western Australia Court of Appeal

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For Australian Law.

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Interrogate

Catchwords

1. Arbitration
2. › Commercial arbitration
3. › Setting aside arbitral award
4. › Award dealing with dispute not contemplated by or not falling within terms of submission to arbitration
5. › Bifurcation of hearing into liability and quantum
6. › Whether tribunal functus officio on liability issues after first interim award
7. › Whether new liability case could be raised at quantum hearing
8. › Commercial Arbitration Act 2012 (WA), s 34(2)(a)(iii)
1. Arbitration
2. › Commercial arbitration
3. › Jurisdiction of arbitral tribunal
4. › Functus officio
5. › Relationship between functus officio and res judicata estoppels
6. › Distinction between matters of admissibility and jurisdiction
7. › Role of deference to tribunal on jurisdictional questions
8. › Commercial Arbitration Act 2012 (WA), s 16(1), s 34(2)(a)(iii)
1. Arbitration
2. › Commercial arbitration
3. › Bifurcation orders
4. › Construction of procedural orders
5. › Whether procedural order splitting liability and quantum precluded raising new liability issues at quantum hearing

Quick Take

Once all issues of liability are determined by an interim award pursuant to a bifurcation order, the tribunal is functus officio on liability issues and new liability cases cannot be raised at the quantum hearing, even if the specific issue was not expressly raised at the liability hearing.