Danae Air Transport Societie Anonyme v Air Canada: CA 29 Jul 1999

The court had power to remit a case to the arbitrator for reconsideration where there appeared to be a simple mathematical error in the award, even though the error was not admitted either by the arbitrator or by the party who had benefited from the error. Costs awards did not fall under the standard rules. Appeal allowed.

Citations:

Times 05-Aug-1999, [1999] EWCA Civ 2011, [2000] 1 WLR 395, [2000] 2 All ER 649, [1999] 2 Lloyd’s Rep. 547, [2000] CP Rep 25, [1999] CLC 1859, [1999] NPC 108

Links:

Bailii

Statutes:

Arbitration Act 1950

Jurisdiction:

England and Wales

Citing:

Appeal fromDanae Air Transport Sa v Air Canada ComC 8-Feb-1999
Where an arbitrator made a mathematical error in his decision, that error was one of fact or law, and it was not possible for the high court to remit the case to the arbitrator for re-consideration. The old section’s ambit is too narrow to permit . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 31 May 2022; Ref: scu.146926