Supreme Court (Arbitration) Rules 2016

An application under the WA Act section 34 to set aside an award must be made by way of an originating summons in the form of Form 23.

The summons must state the following —

if the applicant relies on the WA Act section 34(2)(a), which subparagraph of section 34(2)(a) is relied upon;

if the applicant relies on the WA Act section 34(2)(b), which subparagraph of section 34(2)(b) is relied upon;

the grounds for seeking the order.

The summons must be accompanied by an affidavit —

exhibiting the following —

a copy of the arbitration agreement;

a copy of the award including the reasons of the arbitral tribunal for the award;

stating the following —

the material facts relied on;

the date on which the applicant received the award or, if a request was made under the WA Act section 33 to the arbitral tribunal to correct the award, the date on which that request was disposed of by the arbitral tribunal.

The summons and supporting affidavit must be served on any person whose interest might be affected by the setting aside of the award.

Any application by a party to the arbitration under the WA Act section 34(4) must be made by way of a summons in the proceeding commenced under subrule (1).