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 [2017] 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.

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We thank the author of this case note Albert Monichino QC and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Legal practice, Dispute handling administration