Bifurcation of proceedings Archives - Kluwer Arbitration Blog

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

Oliver Cook (Level Twenty Seven Chambers) and Liam McInerney (LK Law)/August 9, 2023July 27, 2023 /1 Comment

ACICA 45

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….

Appeal, Arbitration Procedure, Australia, Bifurcation of proceedings, Commercial Arbitration, Functus Officio, Interim Award

What The Functus? Setting Aside Awards for Lack of Jurisdiction in Chevron Australia Pty Ltd v CBI Constructors Pty Ltd

Leon Firios (Quayside Chambers) and Kanaga Dharmananda (Quayside Chambers, Fountain Court Chambers)/August 5, 2022August 4, 2022 /2 Comments

Winston Churchill said in 1942 that the war was not at the end, adding: “It is not even the beginning of the end. But it is, perhaps, the end of the beginning”. When it comes to international arbitration, the beginning is easy enough to discern from the notice of arbitration. Divining the end can be…