The test of ‘substantial injustice’ is intended to be applied by a way of support of the arbitral process, not by way of interference with that process. It is only in those cases where it can be said that what has happened is so far removed from what could reasonably be expected of the arbitral process that we would expect the court to take action. . . In short, clause 68 is really designed as a longstop, only available in extreme cases where the tribunal has gone so wrong in its conduct of the arbitration that justice calls out for it to be corrected.
Judges:
Tuckey J
Citations:
[1999] 1 Lloyds Reports 862
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Checkpoint Ltd v Strathclyde Pension Fund CA 6-Feb-2003
The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity . .
Cited – Warborough Investments Ltd v S Robinson and Sons (Holdings) Ltd CA 10-Jun-2003
The applicant sought remission of the decision of the arbitrator on a rent review. The arbitrator had taken a different approach from that suggested by either party’s expert.
Held: Arbitrators should be give a wide margin of appreciation. Even . .
Cited – Newfield Construction Limited v Tomlinson, Tomlinson TCC 10-Nov-2004
. .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 05 April 2022; Ref: scu.179895
