Arbitration — Money claims — Award — General balance.

Arbitration — Referring back award — Affidavit of some arbitrators that they were misled — Service — Appeal to Privy Council — Amount at issue.

Arbitration — Proviso for reference, in lease — No appointment in writing of arbitrator.

Arbitration — Misconduct of umpire — Setting aside award — Communicating with witness in absence of opposite party — Affidavit of umpire as to what passed.

Arbitration — Damages — Costs — Referring back award.

Arbitration — Award not dealing with all matters submitted — Practice — "The Judicature Act 1883" (No. 761), sec. 13 — Order 64, Rule 14 — 9 & 10 Will. III., c. 15, sec. 2 — Setting aside an award — Terms — Sittings of Full Court — Costs.

Arbitration — Disqualification of arbitrator by reason of interest — Waiver of objection — Act 24 Vict., No. 102, ss. 28, 66, and 67 — "Terms and Conditions" — "Price."

Arbitration — Award made by two out of three arbitrators — Reception of affidavit made by barrister who acted as arbitrator.

Arbitration — Award — Award a nullity — Admissibility of affidavits — Practice.

Arbitration — Award — Action upon award — Jurisdiction of arbitrators — Bulk sum award not severable — Award void for inclusion of non-referable item.

Arbitration — Railway contract — Action on award — Finding of arbitrators, conclusive in absence of fraud — Penalties, deduction of — Costs — Interest.

Arbitration — Bulk sum award — Non-referable items — Invalidity of award.

Arbitration — Railway contract — Penalties for delay, deduction of — Action on award — Award bad in part — Non-referable items, consideration of by arbitrators.

Arbitration — Enforcement of award — Submission made a rule of Court — Appointment of arbitrator.

Arbitration — Submission to — Bankruptcy of one of the parties — Revocation by other party of authority of arbitrator appointed by bankrupt — Necessity of obtaining leave of Court therefor — Incorporation of laws of Victoria in submission — Supreme Court Act 1890 (No. 1142), ss. 141, 160.

Arbitration — Award — Discovery of material evidence after publication of award — Want of diligence on part of party in whose favour evidence is — Referring back award — Amendment of award.

Arbitration — Award — Jurisdiction — Injury to land — Flooding — Overflow of water channel — Statutory remedy — Acts — Omissions — Water Act 1915 (No. 2747), ss. 253, 259, 260, 263, 264, 265 — Water Act 1916 (No. 2852), s. 6 — Arbitration Act 1915 (No. 2614), ss. 12, 19.

Arbitration — Contract — Action on — Counterclaim based on prior contract — Arbitration clause — Application to stay counterclaim — Jurisdiction — Discretion — Arbitration Act 1915 (No. 2614), s. 5.

Arbitration — Statement of case by arbitrators — "Question of law arising in the course of the reference" — Arbitrators asked to state case before giving award — Refusal of arbitrators — Jurisdiction of Court to direct arbitrators to state case on question of law — Exercise of Court's discretion — Questions arising incidentally during the reference — Questions in dispute before the reference — Qualification of arbitrators — Form of questions to be asked in special case settled — Arbitration Act 1915 (No. 2614), s. 19.

Arbitration — Statement of case by arbitrators — "Question of law arising in the course of the reference" — Arbitrators asked to state case before giving award — Refusal of arbitrators — Jurisdiction of Court to direct arbitrators to state case on question of law — Exercise of Court's discretion — Questions arising incidentally during the reference — Questions in dispute before the reference — Form of questions to be asked in special case settled — Arbitration Act 1915 (No. 2614), s. 19.

Arbitration — Special case — Application to Court to direct statement of — "Matter of law arising in the course of the reference," what is — Conflict of evidence — No evidence — Function of arbitrators — Arbitration Act 1915 (No. 2614), s. 19.

Arbitration — Special case stated — Three arbitrators, majority to decide — Facts stated found by two only — Contract — Supply of timber — Evidence — Construction of written document — Ambiguity — Extrinsic evidence, admissibility of — "Current market price" — Meaning of — Course of dealing where meaning of contract doubtful.

Arbitration — Submission — Award — Findings of arbitrator — Findings unsupported by or against the weight of evidence — Acceptance without objection of evidence not upon oath — No ground for setting aside award — General reference of all matters arising out of contract — Interpretation of contract by arbitrator conclusive — Parol variation of submission in writing — Arbitration Act 1915 (No. 2614), s. 12 (2).

Arbitration — Award — Construction of contract submitted to arbitrator — Question of law for his determination — Integral part of matter submitted — Finality of award — Motion to set aside award — Form of award — Reasons attached — No special case.

Arbitration — Building contract — Disputes to be referred to architect employed by a party — No action to be brought unless award obtained — Award a condition precedent to action — Disqualification of arbitrator.

Arbitration — Lease — Arbitration clause — Dispute or difference between lessor and lessee to be referred to arbitration — Assignment of lease — Consent of lessor to assignment withheld — Whether matters in dispute or difference should be referred to arbitration — Discretion of Judge — Stay of proceedings — Sufficient reason to the contrary — Lessor and lessee summons — Application for adjournment of — Whether a "step in the proceedings" — Arbitration Act 1915 (No. 2614), s. 5 — Conveyancing Act 1915 (No. 2633), ss. 24, 25.

Arbitration — Arbitrator — Appointed arbitrator disqualified by interest — "Incapable of acting" — Application to Court for appointment of arbitrator — Disqualification negatived by contract — Arbitration Act 1928 (No. 3637), sec. 6 (b).

Arbitration — Contract — Arbitration clause — Reference to party's engineer — Breach of contract — Repudiation — Action — Stay of proceedings — Dispute involving examination of engineer — Arbitration Act 1928 (No. 3637), sec. 5.

Arbitration — Submission — Stay of proceedings — Court of Petty Sessions — Arbitration Act 1928 (No. 3637), sec. 5.

Arbitration — Action on building contract — Arbitration clause — Defendant unaware of clause when proceedings commenced — Application for stay — Arbitration Act 1928 (No. 3637), sec. 5.

Arbitration — Insurance policy containing arbitration clause — Condition in policy requiring notification of impending prosecution — Failure to give notice — Prejudice of insurer — Action for damages against insured — Insurer joined as third party — Application by insurer for stay of proceedings — Refusal of stay — Arbitration Act 1928 (No. 3637), sec. 5 — Instruments (Insurance Contracts) Act 1936 (No. 4464), sec. 3.

Arbitration — Building contract — Certificate of practical completion — Dispute — Reference to arbitration — Whether arbitrators may determine whether works practically completed.

Arbitration — Insurance policy containing arbitration clause — Whether policy extended — Whether difference "arising out of policy" — Stay of proceedings — Arbitration Act 1928 (No. 3637), sec. 5.

Arbitration — Insurance policy containing arbitration clause — Whether policy renewed — Whether difference concerning "subsistence" of policy — Stay of proceedings — Arbitration Act 1928 (No. 3637), sec. 5.

Arbitration — Application for stay of proceedings — Whether dispute unsuitable for arbitrator to try — Onus of proving — Claim for dissolution of partnership — Claim for receiver — Arbitration Act 1928 (No. 3637), sec. 5.

Arbitration — Arbitration clause in contract — Application to stay proceedings — To be made before taking steps in proceedings — Filing affidavit in reply to summons for final judgment — And asking leave to defend — Constitutes taking a step — Arbitration Act 1928 (No. 3637), sec. 5.

Arbitration — Building contract — Enforcement of award — Grounds for setting aside — Answers in award not final — Extraneous matters, not raised in questions submitted, dealt with in answers — Denial of justice — Evidence of material witness taken in absence and without knowledge of parties — Evidence part of basis for award made.

Contract — Building contract — Alteration to plans — Prior consent in writing of surveyor not obtained — Illegality — Uniform Building Regulations.

Arbitration — Reference by consent of parties out of Court — Award — Application to set aside or remit — Whether time limit therefor — Rules of the Supreme Court 1938, Order LIX, r. 2.

Arbitration - Reference by consent out of Court - Award made - Agreement to re-open reference - Power in arbitration to make new or amended award - Time limit for making award - Waiver by conduct - Written agreement to refer future differences - Appointment and reference made by parol - Unnecessary to sign written submission - Arbitration Act 1928 (No. 3637), s3, s10, s13.

Arbitration - Submission to two arbitrators - One refusing to act - No power in court to fill vacancy - Arbitration Act 1928 (No. 3637), s6(b).

Arbitration - Summons for final judgment - Application for adjournment by defendant to give notice requiring submission to arbitration - Summons by defendant to stay proceedings pending submission to arbitration - Arbitration Act 1958 (No. 6200), s5 - Defendant entitled to ask for arbitration where he repudiates contract before action brought - Printed form of contract - Typewritten insertions - Contract - Construction.

Arbitration - Reference by consent of parties out of court - Award - Application to set aside award - Whether time limit therefor - Jurisdiction to extend time to apply - Circumstances in which extension of time granted - Rules of the Supreme Court, O.LIX, r2.

Arbitration - Building contract - Arbitration clause - Scott v Avery form - Dispute to be submitted to arbitration - Meaning of "dispute" - Judgment in default of defence - Setting aside judgment - Right to stay of action pending submission of dispute to arbitration as ground for setting aside judgment - Arbitration Act 1958 (No. 6200), s5.

Arbitration - Dispute as to profit of business - submission to arbitration - Action to enforce award for umpire - Whether plaintiff entitled under original contract or award - Agreement not to prosecute any action based on award - Public policy - Attempt to oust jurisdiction of court - Re-appointment of umpire - Validity of appointment of umpire - Arbitration Act 1958 (No. 6200).

Arbitration - Stay of proceedings - Third-party proceedings - Contract - Belgian law applicable to dispute between fourth and fifth parties - Court more suitable - Discretion to stay proceedings - Arbitration Act 1958 (No. 6200), s5.

Arbitration - Action arising from a building dispute - Parties willing to have matters in dispute referred for report by an architect - Appropriate form of order referring matter for report and giving directions - Arbitration Act 1958 (No. 6200), s14, s16.

Arbitration - Stay of proceedings - Insurance contract - Operation of Commonwealth and State Acts - Insurance - Life insurance - Accident insurance - Life policy - Additional policy with further benefit upon accidental death - Continuous disability insurance contract - Arbitration clause - Life Insurance Act 1945-1961 (Com.) - Arbitration Act 1958 (No. 6200), s5 - Instruments Act 1958 (No. 6279), s28, s29.

Life assurance - Policy - Interpretation - Provision for reference to arbitration in the event of any dispute between company and "the assured" in relation to annexure - Meaning of "assured" considered - Policy to wife on the life of her husband - Policy referring to wife as the "member" and husband as the "assured" - Whether ordinary meaning of the word "assured" displaced - Whether arbitration clause applicable to claimant wife.

Arbitration - Stay of proceedings - Insurance contract - Life insurance - Annexure to policy providing for additional death by accident benefit - Scott v Avery arbitration clause contained in annexure - Whether arbitration condition excluded by s28 of the Instruments Act 1958 - Operation of Commonwealth and State Acts - Continuous disability insurance contract - Whether contract of more than one year's duration - Life Insurance Act 1945-1965 (Com.), s4, s8(1) - Instruments Act 1958 (No. 6279), s28, s29(3).

Arbitration - Error on face of award - Application to set aside award - Reference to contract in award - Incorporation in award - Principles applicable.

Landlord and tenant - Lease for fixed term - Option for extension of term - Rent for extended period to be determined by arbitrator in default of agreement - Arbitrator to be appointed by secretary of Real Estate and Stock Institute - Submission by parties requesting appointment of valuer to determine rent - Valuer appointed and determines rent - Parties bound by determination of valuer.

Arbitration - Provision in lease for appointment of arbitrator to determine rent for extended term - Whether reference by parties to arbitrator or valuer - Whether to conduct judicial inquiry or determine according to his skill and experience - Whether necessary to conduct hearing and call evidence - Open reference - Arbitration Act 1958 (No.6200).

Arbitration - Ruling by arbitrator on question of law - Whether arbitrator to be directed to state special case for opinion of Court - Relevant considerations - Irreversible and prejudicial consequences to party applying if arbitrator follows proposed course and ruling erroneous - Whether party applying has exhausted courses open to prevent arbitrator following proposed course - Whether arbitrator can be so directed where question of law is whole reference - Arbitrator a lawyer of standing - Arbitration Act 1958 (No. 6200), s19.

Arbitration - Stay of proceedings - Third-party proceedings - Contract - Indian law applicable to dispute between defendant and third party - Discretion to stay proceedings - Victorian court more suitable - Arbitration Act 1958 (No. 6200), s5.

Arbitration - Stay of proceedings - Contract - Third party proceedings - Indian law applicable in commercial dispute between plaintiff and defendant and between defendant and third party - Arbitration clause nominating Indian tribunal as arbitrator - Application for stay by third party - Relevant considerations - Arbitration Act 1958 (No. 6200) s5.

Arbitration - Costs - Right of successful party to costs - Arbitrator's discretion as to costs - Reasons must exist to justify departure from the general rule.

Arbitration - Motion to set aside award in relation to costs - Whether Court limited to considering what appears on the face of the award - Whether error must appear on the face of the award - Arbitrators's exercise of discretion.

Arbitration - Arbitrators appointed by private agreement - Whether arbitrators so appointed empowered to award interest - Supreme Court Act 1958 (No. 6387), s78(1) - Arbitration Act 1958 (No. 6200), s14, s15 and s16.

Arbitration - Question of law arising - Reference to Court by way of case stated - Award made in conformity with decision of the Court - Power to set aside the award for error of law on its face if the decision of the Court incorrect.

Shipping - Charterparty - Construction - Exception - "Strike of workmen essential to berthing of vessel or to loading of cargo" - Storemen refusing to load vessel if it berthed unassisted during tug operators' strike - Whether charterer exempted from demurrage during strike of tug operators.

Practice and procedure - Discovery and inspection of documents - Documents in possession of person not a party to action - Notes of arbitrators and tape recording of arbitration proceedings - Power of court to order discovery and inspection - Source of court's power - Matters to be considered in exercising power - Rules of the Supreme Court, O. 37, r7 - Evidence Act 1958 (No. 6246), s13.

Arbitration - Application to set aside award - Arbitrators' notes of proceedings - Court's power to compel production and inspection of arbitrators' notes - Whether notes protected by privilege.

Arbitration - Building contract - Scott v Avery clause - Contract entered into and proceedings for its breach instituted prior to commencement of Commercial Arbitration Act 1984 - Dispute not referred to arbitration - Defence invoking Scott v Avery clause - Whether defence should be struck out - Commercial Arbitration Act 1984 (No. 10167), s3,s55.

Statute - Interpretation - Statute prohibiting invocation of Scott v Avery clause - Retrospective operation of statute - Whether party to contract containing Scott v Avery clause retrospectively divested of contractual right to rely on clause - Commercial Arbitration Act 1984 (No. 10167), s3, s55.

Arbitration - Charterparty - Time bar - Limitation imposed by Hague Rules - Expiry of time limit - Order extending time - Whether cause of action revived - Exercise of discretion to extend time - Commercial Arbitration Act 1984 (No. 10167), s48.

Arbitration - Award - Appeal - Leave to appeal to Supreme Court refused - Leave to appeal from refusal also refused - Jurisdiction of Full Court to entertain applications for leave to appeal - Commercial Arbitration Act 1984 (No. 10167), s38.

Arbitration - Award - Leave to appeal from arbitrator's award - Applicable principles - Commercial Arbitration Act 1984 (No. 10167), s38.

Arbitration - Costs - Offer to compromise by letter - Whether offer of compromise under Rules - Whether O.26 applies to arbitrations - Application to Supreme Court on question of law - Leave to apply - Disputed question of costs - Whether leave should be granted - Whether letter before hearing otherwise admissible on costs - Commercial Arbitration Act 1984 (No. 10167), s34(5A), s38(4)(b), s38(5)(a), s39(1)(a), s39(2) - Rules of Supreme Court, O.26.

Arbitration - Removal of arbitrator - Misconduct - Arbitrator informed of offer of compromise during hearing - Refusal to disqualify - Whether refusal constituted misconduct, incompetence or unsuitability - Commercial Arbitration Act 1984 (No. 10167), s4, s44.

Arbitration - Notice of dispute - Service - Course of "ordinary mail" - Deemed receipt - Appointment of arbitrator by third party - Requisites of valid nomination - Assent of nominee - Notification to nominee and parties.

Arbitration - Removal of arbitrator - Incompetence - Unsuitability - Arbitrator indisposed during hearing - Request that arbitrator stand down - Refusal of request - Whether arbitrator incompetent - Commercial Arbitration Act 1984 (No. 10167), s4, s44(c).

Arbitration - Consolidation of two arbitrations - Application of "all the parties" - Commercial Arbitration Act 1984 (No. 10167), s. 26.

Arbitration - Costs - Whether arbitrator has discretion as to applicable scale of costs - Arbitrator awarding costs to be taxed - Whether Supreme Court has jurisdiction to intercept order for taxed costs - Taxation of costs - Whether Taxing Master has discretion as to applicable scale of costs - Commercial Arbitration Act 1984 (No. 10167), s34, s47, s49.

Practice and procedure - Costs - Jurisdictional limits - Costs penalty rules for inappropriate jurisdiction - Applicability of costs penalty rules to arbitration proceedings - Supreme Court Rules, r63.24, r63.25.

Arbitration - Award - Leave to appeal - Principles - "Nema" guidelines - Damages - Interest - Hungerford principle - Commercial Arbitration Act 1984 (No 10167), s31, s32, s38

Arbitration - Contract - Implied terms - Whether implied term that hearing be in private - Legal incident to particular class of contract - Custom of country - Broad equitable considerations - Whether implied term that information disclosed in arbitration is confidential - Difficulty in formulating general rule and exceptions - Declaration - Whether declaration appropriate - Declaration in vague or general terms - Declaration based on hypothetical facts - Stay of proceedings - Commercial Arbitration Act 1984 (No 10167), s14, s26, s47, s53.

Arbitration - Removal of arbitrator - Misconduct - Denial of natural justice - Refusal of arbitrator to order further and better particulars - Total loss claim - Particulars of nexus between events and time/money consequences - Abuse of process - Court's power to order further and better particulars - Relevant considerations - Commercial Arbitration Act 1984 (No. 10167), s4, s44, s47.

Arbitration - Agreement - Construction - Dispute resolution clause - Submission to arbitration - Exceptions - Urgent relief - Counterclaim - Stay - "Urgent interlocutory or declaratory relief" - International Arbitration Act 1974 (Cth) ss 7 8 - Commercial Arbitration Act 1984 (No 10167).

Arbitration - Agreement - Applicability of arbitration clause - Third party proceeding - Claimant not party to arbitration agreement - Related company - Refusal of stay application - Whether dispute capable of settlement by arbitration - Appeal allowed - Conditions - "Claiming through or under a party" - International Arbitration Act 1974 (Cth) ss 7(2) 7(4)

Arbitration - Franchise agreement - Arbitration clause - Staying court proceedings - Action brought in Victorian Civil and Administrative Tribunal - Whether court includes tribunal - "Court before which an action is brought" - Commercial Arbitration Act 2011 (No 50) s 8.

Statutory interpretation - Legislative purpose - Statute implementing international agreement - UNCITRAL Model Law on International Commercial Arbitration - Definition in model law not re-enacted - Consistency with language and purpose of statute - Extrinsic materials.

Arbitration — Stay of Court proceedings — Referral to arbitration – Partial referral — Matters for determination in Court proceeding within scope of arbitration agreement — Determination of a `matter' — Whether `matter' for determination must be sustainable or have reasonable prospects of success — Whether `matter' within scope of arbitration agreement — Whether matters under Corporations Act 2001 (Cth) capable of settlement by arbitration — International Arbitration Act 1974 (Cth) s 7(2)(b)

Words and Phrases — `Capable of settlement by arbitration'

Arbitration — Foreign award — Application to enforce foreign award — Public policy — Whether enforcement of award would give rise to double recovery — Court's inherent and equitable powers in aid of proper execution — International Commercial Arbitration Act 1974 (Cth) ss 8(2), (7)(b)

Equity — Rescission — Agreements for purchase of shares — Arbitral award declaring agreements rescinded and ordering repayment of purchase price — No orders requiring retransfer of purchased shares — Whether purchasers' rescission effective to reconvey equitable title to shares — Whether necessary that arbitral award required rescinding purchasers to reconvey legal title

Arbitration — Arbitration award — Award failing to determine all issues — Whether a final award — Whether arbitrator’s mandate terminated — Whether award may be set aside — Commercial Arbitration Act 2011 (Vic) ss 32, 34(2)(a)(iii)

Arbitration — Arbitration agreement — Application to stay court proceedings — Whether agreement inoperative or incapable of being performed — Commercial Arbitration Act 2011 (Vic) s 8(1)

Arbitration — Subpoena — Domestic arbitration — Application for subpoena to non-party to attend for examination before an arbitral tribunal — Whether reasonable grounds required for the issue of subpoena — Commercial Arbitration Act 2011 (Vic), ss 27, 27A

Arbitration — Jurisdiction — Competence — Review of arbitrator’s ruling on jurisdiction — Whether rehearing de novo or judicial review of arbitrator’s ruling — Commercial Arbitration Act 2011 (Vic), ss 16(9), 16(11)

Building contracts — Contract for plastering work — Dispute resolution — Whether arbitration prohibited — Whether domestic building work — Domestic Building Contracts Act 1995 (Vic), ss 3, 5, 6(2), 14, 54(1)(b) — Domestic Building Contracts Regulations 2017 (Vic), regs 7(e), (g)

Arbitration — Award — Challenge — Costs — Appropriate test to be applied for unmeritorious challenges to arbitral awards — Whether indemnity costs should be the default order in unsuccessful challenges to arbitral awards — Whether a different approach should be adopted by reason of the objects of the Commercial Arbitration Act 2011 (Vic) or the International Arbitration Act 1974 (Cth) — UNCITRAL Model Law on International Commercial Arbitration, art 34(2) — Commercial Arbitration Act 2011 (Vic), ss 1AA, 1AC, 34 — International Arbitration Act 1974 (Cth), ss 2D, 16

Costs — Arbitration — Challenge to award — Jurisdiction to award indemnity costs — Principles to be applied with respect to unmeritorious claims — Commercial Arbitration Act 2011 (Vic).

Arbitration — Arbitration agreement — Agreement in writing — Whether arbitration agreement specified ‘in writing’ which disputes to be arbitrated — Where arbitration agreement provided clear mechanism for precise identification of disputes — Commercial Arbitration Act 2011 (Vic), ss 1(3)(b), 4, 7, 35, 36

Arbitration — Award — Reasons — Whether arbitrators failed to give reasons for arbitral award — Commercial Arbitration Act 2011 (Vic), s 31

Arbitration — Appeal from decision of arbitrator — Appeal on a question of law — Approach to appeal where arbitrator’s decision turns on question of construction — Commercial Arbitration Act 2011 (Vic), s 34A(3)(c)(i)

Words and phrases — ‘obviously wrong’

Arbitration — Application to stay court proceedings — Kompetenz-Kompetenz doctrine — UNCITRAL Model Law on International Commercial Arbitration arts 2, 5, 7, 8, 16, 28, 34, 35, 36 — International Arbitration Act 1974 (Cth), ss 7, 16, 39

Arbitration — Arbitration agreement — Construction — Parties to contract commencing separate arbitrations before different tribunals — Hybrid arbitration clause providing for arbitration to be ‘conducted by the Resolution Institute in accordance with the ICC Rules of Arbitration’ — Workability of hybrid arbitration clauses — Jurisdiction of arbitral tribunal — Whether arbitrator entitled to apply Kompetenz-Kompetenz principle to determine authority to arbitrate — Which of two arbitration proceedings should continue