Danae 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 this.
ComC Award – attacked for error in arithmetic in comparing open offer and value of award – whether such error is fact or law – whether award can be remitted or set aside – President of India v Jadranska followed.

Judges:

Longmore J

Citations:

Times 31-Mar-1999, Gazette 14-Apr-1999, [1999] 1 All ER (Comm), [1999] 2 Lloyd’s Rep. 105

Statutes:

Arbitration Act 1979 1(1), Arbitration Act 1950 22

Cited by:

Appeal fromDanae 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 . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 15 May 2022; Ref: scu.79788