LYSAGHT BUILDING SOLUTIONS PTY LTD v BLANALKO PTY LTD

52 VR 198·Croft J
52 VR 198
52 VR 198
LYSAGHT BUILDING SOLUTIONS PTY LTD v BLANALKO PTY LTD BLANALKO PTY LTD v LYSAGHT BUILDING SOLUTIONS PTY LTD Supreme Court of VictoriaCroft J 23 February, 10 March 2017[2017] VSC 97ArbitrationArbitration awardAward failing to determine all issuesWhether a final awardWhether arbitrator’s mandate terminatedWhether award may be set asideCommercial Arbitration Act 2011 (Vic) ss 32, 34(2)(a)(iii).

The parties entered into an arbitration agreement to resolve certain disputes between them arising out of a construction project, including liability for costs of a Supreme Court proceeding commenced in 2012. The arbitrator held that he had jurisdiction to give an award in respect of the Supreme Court costs. In an award titled ‘Final Award’ (Award), the arbitrator determined each other dispute that had been referred to him, but also stated:

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