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Burnard v Wainwright: 1850

B had succeeded in the arbitration award. W later discovered a letter written (he aid) by B which he said should require the re-opening of the arbitration.
Held: The court remitted it saying that the arbitrators should decide the issue of whether B had written the letter and then decide what difference it should make. An arbitration clause is capable of governing isues as to jurisdiction.

Citations:

(1850) 19 LJ QB 423, [1850] LMandP 455

Jurisdiction:

England and Wales

Cited by:

CitedGuangzhou Dockyards Co Ltd v Ene Aegiali I ComC 5-Nov-2010
No appeal on facts from award
The defendant ship owners sought to strike out the claimant’s appeal against an arbitration award to the extent that that appeal consisted of an appeal against the factual findings. The claimant argued that the parties had agreed that such an appeal . .
Lists of cited by and citing cases may be incomplete.

Arbitration, Jurisdiction

Updated: 06 July 2022; Ref: scu.430591

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