Tagged: arbitration

Functus – the risks of bifurcation

The Western Australian Court of Appeal upholds a primary judge’s decision that an arbitral tribunal’s interim award on liability meant that the tribunal was functus officio and prevented it considering additional liability issues in a bifurcated arbitration.

Validity of international sports arbitration awards rendered by the Court of Arbitration for Sport

Case Note by Paul Czarnota. The German case of Pechstein v ISU has thrown some doubt over the validity and enforceability of arbitral awards rendered by the Court of Arbitration for Sport, the arbitral tribunal established to determine international sporting disputes. Pechstein may provide a future avenue for challenging sports arbitral awards globally, and in Australia.

What is an “arbitration”?

Are proceedings before the AFL Anti-Doping Tribunal an “arbitration” for the purposes of the Commercial Arbitration Act 2011 (Vic) such that ASADA is entitled to subpoenas pursuant to section 27A of the Act requiring witnesses to attend and produce documents before the Tribunal?

A court, or not a court: that is the question

This case decided that VCAT is not a “court” for the purposes of the Commercial Arbitration Act 2011 (“CAA”) and therefore is not obliged to refer parties to arbitration in accordance with section 8 of the CAA where the matter before VCAT is the subject of an arbitration agreement.