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Case Note: Functus officio: A matter of law not consent State of Western Australia v Mineralogy Pty Ltd [2020] WASC 58

Journal article | June 2021 | Available for purchase & free for members

Abstract

When is an arbitrator functus officio: When the parties agree, the arbitrator so determines or the court decides? In this case, the same arbitrator had rendered two awards five years apart, in 2014 and 2019. The 1985 Commercial Arbitration Act referred to in the arbitration agreement had been repealed and replaced in 2012. The key issue was whether the savings and transitional provisions of the 2012 Act were engaged, which would allow a challenge of the 2012 Award under the more favourable 1985 Act. Whether the arbitrator continued to have jurisdiction throughout or was functus officio was determinative of the legislative regime applicable to the challenge.

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Thanks

We thank the author of this article Donna Ross and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Arbitration, Arbitration Rules