Melbourne Office - PO Box 452, COLLINS STREET WEST VIC 8007 AUSTRALIA
Sydney Office - GPO Box 2506, SYDNEY NSW 2001 AUSTRALIA
Telephone: Melbourne Office - +61 3 9629 3709 Sydney Office - +61 2 9233 2600
Facsimile: Melbourne Office - +61 3 9629 3217 Sydney Office - +61 2 9233 3044
Email:adr@arbitrator.com.au Internet:http://www.arbitrator.com.au

User Tools

Site Tools


does_an_arbitral_tribunal_have_to_give_reasons_for_its_decision

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revision Previous revision
Next revision
Previous revision
does_an_arbitral_tribunal_have_to_give_reasons_for_its_decision [2015/03/04 08:01]
steve [Our Practice]
does_an_arbitral_tribunal_have_to_give_reasons_for_its_decision [2017/07/30 18:00] (current)
Line 82: Line 82:
 ==== 1981 ==== ==== 1981 ====
   * [[UCATT v Brain]] (([1981] IRLR 224 at 228 (Donaldson LJ) ))   * [[UCATT v Brain]] (([1981] IRLR 224 at 228 (Donaldson LJ) ))
-  * Bremer Handelsgesellschaft mbH v Westzucker GmbH(No 2)(([1981] 2 Lloyd'​s Rep 130 at 132-133)) Donaldson LJ when giving the judgment of the English Court of Appeal said +  * [[Bremer Handelsgesellschaft mbH v Westzucker GmbH(No 2)]](([1981] 2 Lloyd'​s Rep 130 at 132-133)) Donaldson LJ when giving the judgment of the English Court of Appeal said 
  
 "All that is necessary is that the arbitrators should set out what, on their view of the evidence, did or did not happen and should explain succinctly why, in the light of what happened, they have reached their decision and what that decision is. This is all that is meant by a '​reasoned award' [in s 1(6) of the 1979 UK Act]."​((cited with approval by the HCA in [[Westport|Westport Insurance Corporation v Gordian Runoff Limited]])) "All that is necessary is that the arbitrators should set out what, on their view of the evidence, did or did not happen and should explain succinctly why, in the light of what happened, they have reached their decision and what that decision is. This is all that is meant by a '​reasoned award' [in s 1(6) of the 1979 UK Act]."​((cited with approval by the HCA in [[Westport|Westport Insurance Corporation v Gordian Runoff Limited]]))

  © White SW Computer Law 1994-2016. ABN 94 669 684 644. All Rights Reserved.
  Liability limited by a scheme approved under Professional Standards Legislation
  This website is a guide only and should not be used as a substitute for proper legal advice.
  Readers should make their own enquiries and seek appropriate legal advice.
  For legal advice please email wcl@computerlaw.com.au