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November 01, 2025, 05:40:15 am

Author Topic: Arbitration and Precedent  (Read 1320 times)  Share 

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Glasses

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Arbitration and Precedent
« on: July 13, 2016, 02:58:46 pm »
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Hi all,

I was just wondering if anyone would be able to tell me if arbitration can ever result in the creation of precedent? I understand that generally it wouldn't, however what about in instances where the arbitrator is a justice of the Supreme Court? (E.g. - in VCAT or the commercial court arbitration list?)

Also on that note, what method of dispute resolution is used at VCAT hearings? (I understand that it can be judicial determination when the third party is the president or a vice-president, but what about in other circumstances)?

Thanks!! :)
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meganrobyn

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Re: Arbitration and Precedent
« Reply #1 on: July 13, 2016, 09:42:00 pm »
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Hi all,

I was just wondering if anyone would be able to tell me if arbitration can ever result in the creation of precedent? I understand that generally it wouldn't, however what about in instances where the arbitrator is a justice of the Supreme Court? (E.g. - in VCAT or the commercial court arbitration list?)

Also on that note, what method of dispute resolution is used at VCAT hearings? (I understand that it can be judicial determination when the third party is the president or a vice-president, but what about in other circumstances)?

Thanks!! :)

When it's an arbitration hearing they're not sitting *as* a judge, though. They're sitting as an arbitrator.

VCAT uses what is classed as arbitration under the SD when the hearing is constituted by a member lower than a VP.
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Glasses

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Re: Arbitration and Precedent
« Reply #2 on: July 13, 2016, 10:04:28 pm »
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When it's an arbitration hearing they're not sitting *as* a judge, though. They're sitting as an arbitrator.

VCAT uses what is classed as arbitration under the SD when the hearing is constituted by a member lower than a VP.

Awesome, thank you!!!!!! :)
2015 - 2016 (VCE): Psychology, Religion & Society, Legal Studies, Business Management, Literature and English
2017 - Present: Bachelor of Laws (Honours)/Arts (Criminology & Psychology) @ Monash University

Aug 2016 - Sep 2018: VIC State Moderator