Sea Containers Ltd v ICT Pty Ltd

The matter between Sea Containers Ltd and ICT Pty Ltd involved a dispute regarding the interpretation and enforcement of an arbitration award. The Federal Court of Australia was tasked with considering an appeal against the award. The central issue was whether the award contained a manifest error of law that was apparent on its face. Additionally, the court had to determine if there was strong evidence of an error of law and if deciding the question would significantly contribute to the certainty of commercial law. Another concern was whether the substantial delay in the issuance of the award constituted procedural unfairness and an error of law. Finally, the court needed to address whether the Board's approach to handling the minority view and allowing the defence of equitable set-off was procedurally unfair.

The court found that the award did not contain a manifest error of law on its face. It noted that while there was evidence suggesting an error of law, it was not so compelling as to warrant interference with the award. Furthermore, the court held that the delay in the award's issuance, although lengthy, did not amount to procedural unfairness or an error of law. The court also concluded that the Board's handling of the minority view and the allowance of the equitable set-off defence did not constitute procedural unfairness. Ultimately, the appeal was dismissed, affirming the original arbitration award.