OIL BASINS LTD v BHP BILLITON LTD and Others

18 VR 346·Buchanan, Nettle and Dodds-Streeton JJA
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18 VR 346
18 VR 346
OIL BASINS LTD v BHP BILLITON LTD and OthersCourt of AppealBuchanan, Nettle and Dodds-Streeton JJA16, 17 October, 16 November 2007[2007] VSCA 255Arbitration 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..

Section 29(1)(c) of the Commercial Arbitration Act 1984 (“the Act”) provided that arbitrators were to include in their award a statement of the reasons for making the award.

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