Preview: Setting Aside an Arbitral Award with Boxun Yin and Andrew Berriman
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In what circumstances may an arbitral award be set aside? How may an award be the subject of consideration by supervisory court? What are the model laws and what significance do they have in setting aside arbitral awards? Join Barristers, Boxun Yin of Banco Chambers, Sydney and Andrew Berriman of 9 Selborne Chambers, Sydney as they discuss how and why an arbitral award may be set aside in this episode of Bench TV. Published on: [20.02.2025]
Discussion Includes:
- What is not commercial arbitration?
- What is an arbitral seat?
- The Model Law
- How are appeals of jurisdictional questions addressed or resolved by the Tribunal
- What is a jurisdictional question?
- Section 34
- Grounds for setting aside awards
- The Arbitral Procedure
- The discretion to uphold the award not withstanding a set aside ground
- Ground 34(2)(b)
- Public Policy
Presenter Profiles
BIBLIOGRAPHY
Cases
- TCL Air Conditioner (Zhongshan) Co Ltd v Castel Electronics Pty Ltd [2014] FCAFC 83
- C v D [2023] HKCFA 16
- Promenade Investments Pty Ltd v State of New South Wales (1991) 26 NSWLR 184
- CBI Constructors Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28
- Hub Street Equipment Pty Ltd v Energy City Qatar Holding Company [2021] FCAFC 110
- WDR Delaware Corporation v Hydrox Holdings Pty Ltd [2016] FCA 1164
Legislation
- Commercial Arbitration Act 2010 (NSW)