Yesodei Hatorah College Inc v Trustees of the Elwood Talmud Torah Congregation

38 VR 394·Croft J

38 VR 394

YESODEI HATORAH COLLEGE INC v TRUSTEES OF THE ELWOOD TALMUD TORAH CONGREGATIONTRUSTEES OF THE ELWOOD TALMUD TORAH CONGREGATION v YESODEI HATORAH COLLEGE INCSUPREME COURT OF VICTORIACroft J28 October, 22 December 2011[2011] VSC 622Arbitration 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” — Commercial Arbitration Act 1984 (No 10167) ss 22, 38, 42..

Section 22(2) of the Commercial Arbitration Act 1984 (“the Act”), which was enacted to give effect to Art 33(2) of the UN Convention on Commercial Arbitration (“the UNCITRAL Rules”), provided:

(a)
(b)
- (i)
- (ii)

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