CBI Constructions Pty Ltd v Chevron Australia Pty Ltd [2024] HCA 28
16-8-24 / Shane Doyle KC — Arbitration, Building & Construction, Contract, International
The High Court of Australia dismissed an appeal concerning whether the Supreme Court of Western Australia could set aside an arbitral award under section 34(2)(a)(iii) of the Commercial Arbitration Act 2012 (WA). The High Court agreed that the tribunal had exceeded its authority by addressing a matter it was functus…
An appeal against the decision in Chevron Australia Pty Ltd v CBI Constructors Pty Ltd. The primary proceedings involved applications by the respondent (Chevron) against the appellants, CKJV, under the Commercial Arbitration Act 2012 (WA) in respect of an arbitral award made in favour of CKJV. Chevron applied to set…
7-12-21 / Michael May, Sean Russell — Arbitration, Land Law & Property
An application to determine whether a dispute, the subject of a proceeding in the Supreme Court, should be allowed to continue and whether directions should be made, or whether the proceedings should be stayed and the dispute determined by an expert pursuant to a contractual provision providing for alternate dispute…
18-11-21 / Shane Monks — Arbitration, International
An application to enforce a foreign arbitral award as a judgement of the Federal Court. The applicant, HongKong Henson Industrial Limited, entered into a contract to purchase mineral sands from the respondent, Victorian Ferries Pty Ltd. The contract provided for disputes concerning the contract to be settled by arbitration subject…
Chevron Australia Pty Ltd v CBI Constructors Pty Ltd [2021] WASC 323
28-9-21 — Arbitration, Building & Construction, Contract
Supreme Court of Western Australia proceedings arising from a contractual dispute between Chevron and joint venturer contractors CBI Constructors Pty Ltd and Kentz Pty Ltd (CKJV). Prior to the proceedings, the parties participated in a bifurcated arbitration concerning a contractor’s entitlement to payment for development of a significant infrastructure project…
