Comments on the test for leave to appeal an award under the Australian domestic uniform Commercial Arbitration Acts

Journal article | September 2020 | Available for purchase & free for members


This paper considers s 34A of the Australian uniform Commercial Arbitration Acts. It examines the most recent approach by the Full Court of the Supreme Court of South Australia - the Ottoway Appeal – in which the Full Court construed the test for leave narrowly but, in the authors’ opinion, did not take the opportunity to confirm the distinction between the application of limbs 34A(3)(c)(i) and (ii), as the English courts have done on near-identical provisions. The authors also note certain issues regarding the procedures for resolving an application for leave, an issue regarding the remedies available to an award-debtor who is faced with an award that has no or no adequate reasons, as well as whether parties can contract out of or waive the leave requirements in s 34A.

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We thank the authors of this article Blake Primrose and Lewis Whitehurst and the journal editor Russell Thirgood for their contribution to this journal.

Tags: Dispute resolution, Arbitration Award, Appeal, Commercial Arbitration Act