Enterra Pty Limited & Ors v ADI Limited [2002] NSWSC 700

Enterra Pty Limited & Ors v ADI Limited [2002] NSWSC 700

Section 44(c) of the Commercial Arbitration Act 1984 (NSW) should be construed to require proof that a satisfactory arbitration cannot be had; mere unavailability or scheduling issues for the arbitrator do not constitute 'unsuitability' for removal. Since the plaintiffs did not establish that a satisfactory...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 August 2002
Procedural Posture
Application for Removal of Arbitrator / Judgment on Application
Outcome
Application dismissed
Legal Topics
['removal of Arbitrator' 'statutory Interpretation' 'commercial Arbitration Procedure']
['arbitration' 'commercial Law'] ['removal of Arbitrator' 'statutory Interpretation' 'commercial Arbitration Procedure']

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Procedural Posture

Application for Removal of Arbitrator / Judgment on Application

Legal Issues

  1. 1 ["Proper construction of section 44(c) of the Commercial Arbitration Act 1984 (NSW) as to 'unsuitability' for removal of arbitrator" "Whether an arbitrator's unavailability constitutes 'unsuitability' under s.44(c)"]

Ratio Decidendi

Section 44(c) of the Commercial Arbitration Act 1984 (NSW) should be construed to require proof that a satisfactory arbitration cannot be had; mere unavailability or scheduling issues for the arbitrator do not constitute 'unsuitability' for removal. Since the plaintiffs did not establish that a satisfactory arbitration could not be had with Mr Brownie as arbitrator, he is not unsuitable within the meaning of section 44(c).

Court Disposition

Application dismissed

Orders

  • ['Order 1 in the summons declined. Costs may be the subject of argument.']