Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(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 Court on any question of law arising out of an award.
(3) On the determination of an appeal under subsection (2) the Court may by order –
and where the award is remitted under paragraph (b) the arbitrator or umpire shall, unless the order otherwise directs, make the award within 3 months after the date of the order.(a) confirm, vary, or set aside the award; or
(b) remit the award, together with the 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 –
(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 leave of the Court.
(5) The Supreme Court shall not grant leave 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 leave which it grants 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.
(8) Unless the Court gives leave, an appeal shall not lie to the Full Court of the Court from a decision of the Court to grant or refuse leave under subsection (4)(b).
(9) An appeal shall not lie to the Full Court of the Court from a decision of the Court on an appeal under subsection (2) unless –
(a) the Court or the Full Court of the Court grants leave; and
(b) it is certified by the Court that the question of law to which its decision relates either is one of general public importance or is one which for some other special reason should be considered by the Full Court of the Court.