Aoot Kalmnefv v Gencore International: 27 Jul 2001

‘Further, intervention under Section 68 should be invoked only in a clear case of serious irregularity. The court’s powers to interfere with an arbitrator’s discretionary decision as to how he should exercise his discretion under Section 30(1) should not be engaged unless it is clear that in exercising his discretion he has failed to have regard to the relevant facts and to his duty under Section 33. Unless he has arrived at a conclusion which no reasonable arbitrator could have arrived at in the case in question having regard to his duties under Section 33, it cannot be said that his decision is capable of being characterised as a serious irregularity.’

Judges:

Colman J

Citations:

Unreported, 27 July 2001

Statutes:

Arbitration Act 1986 68

Jurisdiction:

England and Wales

Cited by:

CitedNewfield Construction Limited v Tomlinson, Tomlinson TCC 10-Nov-2004
. .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 13 May 2022; Ref: scu.221024