Michael Trim (led by A Wyvill) represented the first respondent, instructed by MinterEllison.
The case concerns an application, by Clarke Energy, to set aside an arbitral award on the basis of procedural fairness. The Application relied upon three grounds to establish the asserted breach of natural justice which included;
- The arbitrator’s alleged failure to determine the issue of whether Power Generation Corporation acted fairly and reasonably when assessing the applicant’s extension of time claims;
- The arbitrator’s alleged failure to determine the issue of whether there was a substantive and factual relationship between Clarke’s extension of time claims and its variation claims; and
- The arbitrator’s alleged failure to determine the issue of whether Power Generation Corporation failed to assess the Applicant’s ability or otherwise to comply with the contractual notice requirements for extension of time and variation claims.
The Court found that there was no failure by the Arbitrator to determine any essential issue. The application was dismissed.
The judgment can be read by clicking here
