Appeal from a costs award of an arbitrator where leave to appeal not required; consideration of the principles on which an arbitrator should determine costs, section 61 of the Arbitration Act 1996 and Rule 13 of Construction Industry Model Arbitration Rules (‘CIMAR’) ; whether court costs decisions or costs appeal decisions from arbitrators should be cited; whether an arbitrator is subject to a duty to ‘act judicially’ when making a costs award; whether a finding of fact for which there was no evidence or other supporting material can give rise to an appealable question of law; whether the award should be remitted, varied or set aside by the court and section 69(7) of the Arbitration Act 1996; the process of varying the costs award and the principles to be adopted in that variation; the considerations to be applied in considering whether to allow a second appeal to be brought to the Court of Appeal pursuant to section 69(8) of the Arbitration Act 1996.
Citations:
[2001] EWHC 456 (TCC), 84 Con LR 206,
Links:
Jurisdiction:
England and Wales
Costs, Arbitration
Updated: 09 June 2022; Ref: scu.443561
