Supreme Court (Arbitration) Rules 2016

An application under the WA Act section 34A for leave to appeal on a question of law arising out of an award must be made by way of an originating summons in the form of Form 24.

The summons must state the following —

the question of law to be determined;

the grounds on which it is alleged that leave to appeal should be granted.

The summons must be accompanied by an affidavit showing that, before the end of the appeal period referred to in the WA Act section 34A(1) and (6), the parties agreed that an appeal may be made under section 34A of that Act.

The affidavit must exhibit the following —

a copy of the arbitration agreement;

a copy of the award, including the reasons of the arbitral tribunal for the award.

The summons must be accompanied by a submission setting out the following —

the name and usual or last known place of residence or business of any person whose interest might be affected by the proposed appeal or, if the person is a company, the last known registered office of the company;

the nature of the dispute with sufficient particularity to give an understanding of the context in which the question of law arises;

when and how the arbitral tribunal was asked to determine the question of law and where in the award or the reasons, and in what way, the arbitral tribunal determined it;

the relevant facts found by the arbitral tribunal on the basis of which the question of law is to be determined by the Court;

the basis on which it is contended that the determination of the question of law will substantially affect the rights of one or more parties;

the basis on which it is contended that —

the decision of the arbitral tribunal on the question of law is obviously wrong; or

the question of law is of general public importance and the decision of the arbitral tribunal is open to serious doubt;

the basis on which it is contended that, despite the agreement of the parties to resolve the matter by arbitration, it is just and proper in the circumstances for the Court to determine the question;

a succinct statement of the argument in support of the application for leave and the appeal if leave is granted.

The summons and the supporting material must be served on any person whose interest might be affected by the proposed appeal.

Within 14 days after service on a party or within such further period as the Court may allow, that party must file and serve any answering material, including a succinct statement of any argument in opposition to the application for leave and the appeal if leave is granted.

If it appears to the Court that an oral hearing of the application for leave to appeal is required, the Court may, if it thinks fit, hear and determine the appeal on the question of law at the same time as it hears the application for leave to appeal.

If the Court grants the application for leave before hearing the appeal, it may make such orders as it thinks fit for the hearing and determination of the appeal.

When an application for leave to appeal is brought or leave to appeal is granted, the Court may suspend or discharge any enforcement order made in respect of the award the subject of the proposed appeal.