Catchwords:

Arbitration – Award – Application to set aside arbitral award – Where arbitration proceedings arose from dispute concerning contract to provide staff – Where tribunal issued first interim award on issues of liability – Where appellants repleaded their case on quantum (“Contract Criteria Case”) – Where respondent objected to Contract Criteria Case on basis of res judicata, issue estoppel, Anshun estoppel and that tribunal was functus officio – Where tribunal rejected respondent’s objections and issued second interim award – Where respondent applied to set aside second interim award under s 34(2)(a)(iii) of Commercial Arbitration Act 2012 (WA) – Where primary judge set aside second interim award and held tribunal was functus officio – Where Court of Appeal of Supreme Court of Western Australia dismissed appeal – Whether Court of Appeal erred in holding Supreme Court had power to set aside second interim award under s 34(2)(a)(iii) of Commercial Arbitration Act – Whether Court of Appeal erred in finding standard of review to be applied by Supreme Court is de novo review.

Words and phrases – “beyond the scope of the submission to arbitration”, “correctness standard”, “de novo review”, “estoppel”, “final and binding”, “functus officio”, “jurisdiction”, “principle of competence-competence”, “res judicata”, “want of authority”.