WINSLOW CONSTRUCTORS PTY LTD v HEAD, TRANSPORT FOR VICTORIA

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WINSLOW CONSTRUCTORS PTY LTD v HEAD, TRANSPORT FOR VICTORIA Supreme Court of VictoriaRiordan J 3 December 2020, 26 February 2021[2021] VSC 74Arbitration — 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.

The applicant (Winslow), obtained judgment pursuant to s 35 of the Commercial Arbitration Act 2011 (Vic) (Act) following an unsuccessful challenge by the respondent (Department) to a domestic arbitration award. Winslow sought indemnity costs, contending that indemnity costs should be granted where an unsuccessful challenge to an arbitral award was found not to have had reasonable prospects of success.

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