DSC v JBC

The applicant, DSC, sought to set aside an arbitration award made in favour of the respondent, JBC. The dispute arose from a contract for the supply of goods, and the arbitration was conducted pursuant to the *Commercial Arbitration Act 1984* (NSW). The application to set aside the award was heard by Callinan J in chambers.

The primary legal issue before the Court was whether the arbitrator had exceeded his jurisdiction by making findings of fact and law that were outside the scope of the reference to arbitration. Specifically, DSC argued that the arbitrator had determined issues that had not been submitted to him for determination by the parties.

Callinan J considered the principles governing the jurisdiction of arbitrators and the grounds for setting aside an arbitral award under the *Commercial Arbitration Act 1984* (NSW). His Honour reviewed the terms of the arbitration agreement and the submissions made by the parties to the arbitrator. The Court found that the arbitrator had indeed made findings on matters not referred to him, thereby exceeding his jurisdiction.

Consequently, the application to set aside the award was granted.