Western Australian Current Regulations Western Australian Current Regulations (1) An application
under the WA Act section 34 to set aside an award must be made by way of
an originating summons in the form of Form 23.
(2) The summons must
state the following —
(a) if
the applicant relies on the WA Act section 34(2)(a), which subparagraph of
section 34(2)(a) is relied upon;
(b) if
the applicant relies on the WA Act section 34(2)(b), which subparagraph of
section 34(2)(b) is relied upon;
(c) the
grounds for seeking the order.
(3) The summons must
be accompanied by an affidavit —
(a)
exhibiting the following —
(i)
a copy of the arbitration agreement;
(ii)
a copy of the award including the reasons of the arbitral
tribunal for the award;
and
(b)
stating the following —
(i)
the material facts relied on;
(ii)
the date on which the applicant received the award or, if
a request was made under the WA Act section 33 to the arbitral tribunal
to correct the award, the date on which that request was disposed of by the
arbitral tribunal.
(4) The summons and
supporting affidavit must be served on any person whose interest might be
affected by the setting aside of the award.
(5) Any application by
a party to the arbitration under the WA Act section 34(4) must be made by way
of a summons in the proceeding commenced under subrule (1).