While the concept of misconduct is no longer grounds under the Act to set aside an arbitral award, it is arguable that a failure of an arbitrator to actively participate in the process would breach the arbitral procedure in accordance with the agreement of the parties (pursuant to sections 34(2)(a)(iv) and 36(1)(a)(iv) of the Act) or be a breach of natural justice and accordingly in conflict with public policy (pursuant to sections 34(2)(b)(ii) and 36(1)(b)(ii) of the Act). Prepared by Sean Kelly, Senior Associate in Clayton Utz's Major Projects & Construction Disputes team and Jonathan Tong from Clayton Utz's Litigation and Dispute Resolution team. 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.
Sean Kelly Senior Associate
Jonathan Tong Lawyer
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