Arbitration and awards - Application for stay of proceedings - Arbitration an inquiry of a judicial nature - Right of parties to be heard on arbitration - Whether right to call evidence an essential element of arbitration - Reliance by arbitrator on own expertise in reaching determination - Arbitration distinguished from assessment - Necessity for submission to be in existence at time of commencement of proceedings - Arbitration Act 1958 (No. 6200), s3, s5.

Arbitration and awards - Arbitrator - Removal of - Misconduct of arbitrator in the course of arbitration - Conduct of proceedings by arbitrator - Principles of natural justice applicable - Effect of breach of principles of natural justice - Arbitration Act 1958 (No. 6200), s12(1).

Arbitration and awards - Award - When made - Appeal - Time limit for appeal Seaman's compensation - Arbitration by County Court judge - Whether County Court proceeding Seamen's Compensation Act 1911 (Cth) s5, Sch 2 - Seamen's Compensation Regulations 1926 (Cth) Reg30, Reg31, Reg36 - County Court Act 1958 (No 62300) s74.

Arbitration and awards - Arbitrator - Removal of - Misconduct - Unsuitability - Bias - Participation in earlier arbitrations - Similar issues - Common witnesses - Test of disqualification - Failure to disclose possible disqualifying events - Whether ground for removal - Commercial Arbitration Act 1984 (No. 10167) ss. 16 44 Sch. 2 - UNCITRAL Model Law on International Commercial Arbitration art. 12.

Arbitration and awards - Award - Foreign award - Enforcement as judgment or order in Victoria - Award bad in part for uncertainty - Severance - Partial enforcement of award - Commercial Arbitration Act 1984 (No. 10167) s. 33.

Arbitration and awards - Building contract - Staying proceedings - Clause providing for arbitration or litigation - Whether an "arbitration agreement" - Election by one party of litigation - Whether arbitration agreement brought to an end - Discretion to order stay of proceedings - Whether predisposition in favour of arbitration - Commercial Arbitration Act 1984 (No. 10167) ss. 4 53(1).

Arbitration and awards - Reference - Notice of dispute - Notice to be given "as soon as reasonably practicable" - Building contracts - Builder sued owner for outstanding progress claim - Owner counterclaimed for liquidated damages - Summary judgment for builder on claim - Builder giving notice of dispute regarding subject matter of counterclaim - Whether builder entitled to stay of counterclaim - Whether notice given "as soon as reasonably practicable" - Whether builder ready and willing to do all things necessary for proper conduct of arbitration - Commercial Arbitration Act 1984 (No 10167) s 53(1)(b).

Arbitration and awards - Appeal - Appeal from decision of arbitrator - To judge of the Supreme Court - Appeal by leave - Upon demonstrating "manifest error of law on the face of the award" - Whether judge should state reasons for granting or refusing leave - Appeal from decision of judge refusing leave - Whether appeal lies to Court of Appeal - Whether right of appeal expressly excluded by statute - Commercial Arbitration Act 1984 (No 10167) s 38 - Supreme Court Act 1986 (No 110) ss 17(2) 17A.

Contract - Deeds - Whether deed may be discharged by simple contract.

Arbitration and awards - Enforcement - Application to set aside partial award - Arbitrators - Conduct - Misconduct - Arbitration agreement referring dispute to rabbinical court - Governing law - Misconduct determined by Victorian law - Alleged collusion between arbitrators and witness - Procedural fairness - Cross-examination - Reasonable opportunity - Witness leaving jurisdiction before cross-examination completed - Arbitrators offering to arrange for witness to give evidence by video link or otherwise - Offer not taken up - Arbitrators not obliged to ensure attendance of witness - Bias - Award evidencing a basis for suspicion of impartiality - Arbitrators' conduct evidencing prejudgment - One side to dispute abandoning participation in arbitration - Effect of breach of procedural fairness - Conduct said to be permissible under Jewish law - Whether divergence from common law - Public policy requiring common law to prevail - Misconduct by determination of matter not within arbitral reference - Reservation in final award of matters for future determination invalid - Misconduct by failure to determine a matter referred - Misconduct by delegation of arbitrators' power - Commercial Arbitration Act 1984 (No 10167) ss 4 36 42 43 44

Arbitration and awards - Interim award - Judicial review - Error of law on face of award - Form of award - Requirements - Reasons - Adequacy - Complex commercial arbitration - Petroleum royalty agreement - Interpretation - Foreign law - Expert evidence - Conflict in evidence - Majority award - Majority's failure to explain preference for one expert over others - Substantial effect on party's rights - Arbitrator's misconduct - Technical misconduct - Award set aside - Commercial Arbitration Act 1984 (No 10167) ss 20, 29(1)(c), 38, 42, 43

Arbitration and awards - Foreign arbitral award - Enforcement application - Prima facie entitlement - Applicant's evidential onus - Respondent not named as party to either arbitration agreement or award - Mere provision of agreement and award insufficient to discharge evidential onus - Once evidential onus discharged respondent having legal onus of satisfying court that application should be refused - Standard of proof - Balance of probabilities - Grounds - "Pro-enforcement policy" - International Arbitration Act 1974 (Cth) ss 2D 3 8(2) (5) (7) 9(1) 39.

Arbitration and awards - Foreign arbitral award - Enforcement - Respondent denying it was proper party to arbitration agreement - Whole of evidence indicating respondent not a party - Defences - International Arbitration Act 1974 (Cth) ss 7(b) 8(5)(b) (c).

Arbitration and awards - Foreign arbitral award - Enforcement - Foreign law - Findings of arbitral tribunal or foreign court - Identity of party to arbitration agreement or award - Giving of proper notice of arbitration - Not binding on Australian court.

Estoppel - Foreign arbitral award - Enforcement - Whether respondent failing to challenge jurisdiction of arbitral tribunal or to resist award in supervisory jurisdiction estopped from resisting enforcement in Australia - Respondent denying being party to arbitration agreement not obliged to participate in arbitration or take any steps in supervisory jurisdiction.

Evidence - Admissibility - Objections to admissibility to be ruled on at time made.

Practice and procedure - Foreign arbitral award - Enforcement - Application - Should proceed inter partes when extrinsic evidence required to establish respondent a party to arbitration agreement.

Costs - Indemnity costs - Special circumstances - Foreign arbitral awards - Enforcement - Ordinary principles applicable - Unsuccessful attempt to resist enforcement order by award debtor not of itself justifying award of indemnity costs.

Arbitration and awards - Award - Setting aside - Judicial review - Leave to appeal - Procedure - Manifest error on the face of award - Applicable law - Contract - Enforceability - Common law principles - Statutory provision for agreement for arbitrator to determine dispute by reference to considerations of general justice and fairness - Arbitrator concluding that statutory provision had no application - Misconduct - "Considerations of general justice and fairness" - "Manifest error of law on the face of the award" - "May" - ss 22 38 42

Arbitration and awards - Arbitrator - Applicable law - "Amiable compositeur" - "Ex aequo et bono" - UNCITRAL Arbitration Rules Art 33 - s 22(2)

Statutes - Interpretation - Extrinsic material - Implementation of international convention - Second reading speech - Marginal note - ss 35 36(3)