The court dealt with an application for leave to appeal in a matter about whether an arbitrator could clarify an award by addressing an omitted costs scale issue. It recorded that the application for leave to appeal was dismissed with costs on 29 June 2026, with reasons given in the judgment dated 3 July 2026. The judgment says the applicants argued that the arbitrator could not clarify the award, while the court found that section 30 of the Arbitration Act applied to the obvious omission. It also states that the parties had agreed that the arbitrator would have the same powers as a Judge of the High Court.
This may be relevant to arbitration and civil procedure practitioners following leave to appeal decisions about award clarification and costs wording.
Evidence from source
On 29 June 2026, I granted an order dismissing the application for leave to appeal with costs, such costs to include the cost of counsel on Scale C.
Supports: The application for leave to appeal was dismissed with costs.
the issue was whether, pursuant to handing down his final award, an arbitrator could, mero motu , clarify his award by addressing an aspect that was omitted from the final award?
Supports: The matter concerned whether an arbitrator could clarify an omitted aspect in the final award.