BUCKLEY v. THE BOARD OF LAND AND WORKS19 VLR 522
Arbitration — Award — Award a nullity — Admissibility of affidavits — Practice.
Catchwords are the way in which we classify reports into a consistent taxonomy.
Reports matching this catchword classification
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 — 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 — 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 - 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 - Award - Leave to appeal - Principles - "Nema" guidelines - Damages - Interest - Hungerford principle - Commercial Arbitration Act 1984 (No 10167), s31, s32, s38
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