South Australian Consolidated Acts South Australian Consolidated Acts38—Judicial review of awards
(1) Without prejudice
to the right of appeal conferred by subsection (2), the Court shall not
have jurisdiction to set aside or remit an award on the ground of error of
fact or law on the face of the award.
(2) Subject to
subsection (4), an appeal shall lie to the Supreme Court on any question
of law arising out of an award.
(3) On the
determination of an appeal under subsection (2) the Supreme Court may, by
order—
(a)
confirm, vary or set aside the award; or
(b)
remit the award, together with the Supreme Court's opinion on the question of
law which was the subject of the appeal, to the arbitrator or umpire for
reconsideration or, where a new arbitrator or umpire has been appointed, to
that arbitrator or umpire for consideration,
and where the award is remitted under paragraph (b) the arbitrator or
umpire shall, unless the order otherwise directs, make the award within three
months after the date of the order.
(4) An appeal under
subsection (2) may be brought by any of the parties to an
arbitration agreement—
(a) with
the consent of all the other parties to the arbitration agreement; or
(b)
subject to section 40, with the permission of the Supreme Court.
(5) The Supreme Court
shall not grant permission under subsection (4)(b) unless it considers
that—
(a)
having regard to all the circumstances, the determination of the question of
law concerned could substantially affect the rights of one or more parties to
the arbitration agreement; and
(b)
there is—
(i)
a manifest error of law on the face of the award; or
(ii)
strong evidence that the arbitrator or umpire made an
error of law and that the determination of the question may add, or may be
likely to add, substantially to the certainty of commercial law.
(6) The Supreme Court
may make any permission granted under subsection (4)(b) subject to the
applicant complying with any conditions it considers appropriate.
(7) Where the award of
an arbitrator or umpire is varied on an appeal under subsection (2), the
award as varied shall have effect (except for the purposes of this section) as
if it were the award of the arbitrator or umpire.