Last week Jackson J delivered judgment dismissing an application to set aside two related arbitral awards under s 34 of the Commercial Arbitration Act 2013 (Qld) on grounds including denial of natural justice or procedural fairness by the arbitrator: Mango Boulevard Pty Ltd v Mio Art Pty Ltd [2017] QSC 87.
Amongst several principles of law relevant to the conduct of arbitrations addressed in the judgment, the judgment establishes as a matter of statutory interpretation that a court is not empowered to remit proceedings to an arbitrator after setting aside an award under the Commercial Arbitration Act 2013 (Qld). Two of the four counsel who appeared for opposing parties to the application are members of Hemmant’s List: Michael Hodge and Stephen Colditz.
