Western Australian Numbered Acts Western Australian Numbered Acts (1) A decision of an
arbitrator must be given in writing to a party to a proceeding if —
(a) the
arbitration rules require that the decision must be given in writing to that
party; or
(b)
within 14 days after the arbitrator makes the decision, the party
requests that the decision be given in writing.
(2) An
arbitrator’s decision in writing must include information as to appeal
rights that may be available to the parties under this Act.
(3) The reasons for a
decision of an arbitrator must be given in writing to a party to a proceeding
if —
(a) the
arbitration rules require that the reasons must be given in writing to that
party; or
(b)
within 14 days after the arbitrator makes the decision, the party
requests that the reasons for the decision be given in writing.
(4) The reasons for an
arbitrator’s decision —
(a) need
only identify the facts that the arbitrator has accepted in coming to the
decision and give the reasons for doing so; and
(b) need
only identify the law that the arbitrator has applied in coming to the
decision and give the reasons for doing so; and
(c) need
not canvass all the evidence given in the case; and
(d) need
not canvass all the factual and legal arguments or issues arising in the case.
(5) A written
transcript of the part of the proceeding in which a decision is given orally
or reasons are given orally is sufficient compliance with the requirement for
the decision or reasons to be in writing.
(6) The fact that a
decision is, or reasons are, given orally or in accordance with
subsection (4) or (5) is not of itself a ground for reversing or
modifying the decision on an appeal.