She Corporation Pty Ltd

She Corporation Pty Ltd was the applicant in proceedings before the Federal Court of Australia, seeking to set aside an arbitration award made in favour of the respondent, Mr. John Smith. The dispute arose from a contract for the supply of goods, which contained an arbitration clause. Mr. Smith had initiated arbitration proceedings following an alleged breach of contract by She Corporation, and the arbitrator had subsequently found in Mr. Smith's favour, awarding him damages. She Corporation sought to have this award set aside on grounds of alleged procedural unfairness and a perceived error of law by the arbitrator.

The primary legal issue before the Federal Court was whether the arbitration award should be set aside pursuant to section 34 of the *Commercial Arbitration Act 2010* (NSW) (as applied in the federal jurisdiction). Specifically, the court was required to determine if the arbitrator had engaged in conduct that was "so unfair as to be unjust" or if the award contained an error of law that was manifest on the face of the award, thereby justifying judicial intervention. She Corporation contended that it was denied a fair hearing due to limitations placed on its ability to present evidence and make submissions, and that the arbitrator had misinterpreted a key contractual provision.

Justice McDonagh considered the grounds for setting aside an arbitration award under the *Commercial Arbitration Act 2010* (NSW), emphasising the high threshold for judicial intervention and the principle of party autonomy in arbitration. His Honour found that while the arbitrator had managed the proceedings efficiently, the limitations imposed on She Corporation's evidence and submissions did not amount to conduct that was so unfair as to be unjust. Furthermore, the court determined that the arbitrator's interpretation of the contractual provision, even if arguably incorrect, did not constitute a manifest error of law on the face of the award. The court held that the arbitrator had acted within their jurisdiction and that the award was not vitiated by the grounds raised by She Corporation.

Consequently, the application to set aside the arbitration award was dismissed.