Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 365S

365S Application to set aside award

(1) An application under the Commercial Arbitration Act 2013 , section 34 to set aside an award must be in the approved form.

(2) The application must identify—

(a) if the applicant relies on the Commercial Arbitration Act 2013 , section 34 (2) (a) —which subparagraph of section 34 (2) (a) is relied on; and

(b) if the applicant relies on the Commercial Arbitration Act 2013 , section 34 (2) (b) —which subparagraph of section 34 (2) (b) is relied on; and

(c) brief grounds for seeking the order.

(3) The application must be accompanied by an affidavit—

(a) exhibiting—

(i) a copy of the arbitration agreement; and

(ii) a copy of the award, including the reasons of the arbitral tribunal for the award; and

(b) identifying—

(i) the detailed grounds for seeking the order; and

(ii) the material facts relied on; and

(iii) the date the applicant received the award or, if a request was made under the Commercial Arbitration Act 2013 , section 33 to the arbitral tribunal to correct the award, the date that request was disposed of by the arbitral tribunal.

(4) The application and supporting affidavit must be served on any person whose interest might be affected by the setting aside of the award.

(5) An application by a party to the arbitration under the Commercial Arbitration Act 2013 , section 34 (4) must be made by application in the proceeding started under subrule (1) .