Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Estoppel, Functus Officio, Interim Award, Set aside an arbitral award
Just What the Tribunal Ordered – Or Was It? Western Australia Court of Appeal Upholds Finding That UNCITRAL Tribunal Rendered Itself Functus Officio
In a recent decision, the Supreme Court of Western Australia (“WA”) Court of Appeal confirmed that courts have the conclusive authority to determine the jurisdiction of arbitral tribunals. The Commercial Arbitration Act 2012 (WA) (the “Act”) confers competence upon arbitral tribunals to determine their own jurisdiction. However, courts retain authority to review questions of jurisdiction….