Casenotes – Standard of Reasons Given by an Arbitrator and Arbitration Media Watch

Abstract

In this case note, the Victorian Supreme Court was asked the question about what standard of reasoning must be given in an award by an arbitrator in order to avoid an allegation that the arbitrator made an error of law pursuant to the Commercial Arbitration Act 1984 (Vic) (the Act). In this case the court came to the view that each issue should be resolved sequentially and appropriately in the sense that there was no reasonable doubt as to what the Arbitrator decided in respect of each issue and the reason for his decision on each issue.

Keywords: Arbitration, Dispute Resolution

JEL Classification: K10, K40, K41