Summary

Result: Appeal dismissed

Chevron's offshore oil and gas project known as the Gorgon project

Arbitration - Dispute between principal and contractor - Referred to arbitration - Tribunal orders bifurcation of hearing - First hearing to address liability - Second hearing to address quantum - Arbitral tribunal delivers First Interim Award pursuant to bifurcation order - After delivery of First Interim Award contractor pleads 'Contract Criteria Case' - Principal objects to contractor running Contract Criteria Case as a further liability claim - Principal alleges arbitral tribunal functus offico on issues of liability - Majority of Tribunal determines contractor not precluded from running Contract Criteria Case at second hearing - Majority finds arbitral tribunal not functus officio with respect to Contract Criteria Case - Arbitral tribunal delivers Second Interim Award upholding, by majority, contractor's Contract Criteria Case

Arbitration - Application by principal to primary judge to set aside Second Interim Award - Section 34(2)(a)(iii) of Commercial Arbitration Act 2012 (WA) - Primary judge finds arbitral tribunal functus offico in relation to liability issues including Contract Criteria Case - Application granted

Arbitration - Appeal - Whether primary judge erred in law in setting aside Second Interim Award - Whether judge erred in finding arbitral tribunal functus officio with respect to contractor's Contract Criteria Case - Distinction between matters of admissibility and jurisdiction - Relationship between functus officio and res judicata estoppels - Nature of application under s 34(2)(a)(iii) of Commercial Arbitration Act - Role of deference - Court has final authority to determine jurisdiction