(Jamaica) A joint venture partnership dispute was referred to arbitration. Certain elements were appealed and remitted. One party claimed that the entire arbitration was deprived of legal effect.
Held: The amended award following remittal was not a new award. In general on such a remittal, the arbitrator’s powers were limited to the terms of the remission.
Judges:
Lord Hoffmann, Lord Hope of Craighead, Lord Scott of Foscote, Lord Rodger of Earlsferry, Dame Sian Elias
Citations:
Times 29-Jun-2004, [2004] UKPC 29
Links:
Citing:
Cited – Johnson v Latham 1851
In an arbitration concerning the right to maintain a weir, one issue was the depth of water which the defendant was entitled to maintain behind the weir. The award directed that, to define the height, marks should be placed as a third party should . .
Cited – Margulies Brothers Ltd v Dafnis Thomaides and Co (UK) Ltd 1958
A court has power to amend an award to put it into a form which is enforceable. . .
Cited – Re Boks and Co v Peters, Rushton and Co Ltd CA 1919
The alternative procedure for seeking enforcement of an arbitrator’s award is by an action upon the award. The procedure is to be used only in ‘reasonably clear cases’. . .
Cited by:
Cited – Gazette Media Company Ltd. and Others, Regina (on the Application Of) v Teeside Crown Court CACD 26-Jul-2005
The claimants appealed an order restricting their reporting of a criminal case so as to identify the defendant.
Held: Orders preventing the naming of a defendant in order to protect associated children are unlikely to enhance any child . .
Lists of cited by and citing cases may be incomplete.
Commonwealth, Arbitration
Updated: 11 June 2022; Ref: scu.198249