The Implications This case is important for all domestic arbitrations. Section 18 of the Act is modelled on Article 18 of the Model Law, and equivalent provisions appear in other domestic arbitration acts. This case provides guidance to parties to an arbitration about what constitutes a 'reasonable opportunity' to present one’s case. As arbitrators are not bound by the common law principles of procedural fairness and natural justice, this case provides further clarification of the procedural entitlements of arbitrating parties.
Note: The above material provides a summary only of the subject matter covered, without an assumption of a duty of care by Resolution Institute or Clayton Utz. The material is not intended to be nor should it be relied upon as a substitute for legal or other professional advice. Copyright in the material is owned by Clayton Utz.
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