Kluwer: Bifurcators Beware: Australia’s Highest Court Dismisses Appeal Against Decision to Set Aside Interim Award

Published on February 7, 2025

By Oliver Cook (Level Twenty Seven Chambers) and Ashley Chandler (Assistant Editor for Australia, New Zealand and the Pacific Islands)

Can an arbitral tribunal revisit issues of liability after rendering an interim award in bifurcated proceedings? This was the question put to the High Court of Australia (the “Court”) in CBI Constructors Pty Ltd & Anor v Chevron Australia Pty Ltd [2024] HCA 28. In a judgment considering the concepts of finality and functus officio...

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