South Australian Consolidated Acts

COMMERCIAL ARBITRATION AND INDUSTRIAL REFERRAL AGREEMENTS ACT 1986 - SECT 42

42—Power to set aside award

        (1)         Where—

            (a)         there has been misconduct on the part of an arbitrator or umpire or an arbitrator or umpire has misconducted the proceedings; or

            (b)         the arbitration or award has been improperly procured,

the Court may, on the application of a party to the arbitration agreement, set the award aside either wholly or in part.

        (2)         Where the arbitrator or umpire has misconducted the proceedings by making an award partly in respect of a matter not referred to arbitration pursuant to the arbitration agreement, the Court may set aside that part of the award if it can do so without materially affecting the remaining part of the award.

        (3)         Where an application is made under this section to set aside an award, the Court may order that any money made payable by the award shall be paid into court or otherwise secured pending the determination of the application.