There was no power to remit a case to an arbitrator after a later court decision decision which showed that the law applied by the arbitrator was wrong. The arbitrator’s award was on the basis that a new lease should contain a rent review, but the basis was not followed in British Gas. The judge had remitted the award to the arbitrator to be assessessed on the British Gas basis.
Held: The court did not have that power. Decisions of arbitrators were not to be acceoted for review easily, and remission was available only in certain limited cases. A change in the law was not to be seen as equivalent to new evidence.
Citations:
Ind Summary 14-Mar-1994, [1994] NPC 37 CA, [1994] CLY 2807
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – British Gas Corporation v Universities Superannuation Scheme ChD 1986
The lease had a five yearly rent review, to be the highest of the current rent the rack rental value at the relevant rate. The rack rent was calculated under a hypothetical lease containing the same provisions (save for rent). The tenant sought a . .
Cited – King v Thomas McKenna 1991
. .
Lists of cited by and citing cases may be incomplete.
Arbitration, Landlord and Tenant
Updated: 26 October 2022; Ref: scu.77871