Arbitration: when a final award is not final
Case note | July 2018 | Available for purchase & free for members
Blanalko Pty Ltd v Lysaght Building Solutions Pty Ltd  VSC 97
When is an arbitral award styled “Final Award” not a final award? What power does an arbitrator have to issue an additional award after he is functus officio? Does the power to set aside an award extend to a situation where an arbitrator has failed to deal with an issue falling within the arbitral reference? The above questions fell for consideration in the following case.
We thank the author of this case note Albert Monichino QC and the journal editor Russell Thirgood for their contribution to this journal.