New South Wales Supreme Court sets aside arbitration award to protect the integrity of the arbitration process

Table of contents

• What was the background?
• What did the court decide?

Article summary

Arbitration analysis: In a recent decision, the Supreme Court of New South Wales set aside an arbitral award on the basis that the arbitrator had failed to give one party a proper opportunity to present its case. While there is a high bar for judicial intervention in arbitration proceedings, Australian courts will act to protect the integrity of the arbitration process when arbitrators fail to uphold its fundamental safeguards. Leon Chung, partner, Guillermo Garcia-Perrote, executive counsel, Timothy Goyder, senior associate, and Ganeshmoorthy Chandrasekaran, solicitor at Herbert Smith Freehills explores the implications of this decision.