The appellant sought to set aside a declaration as to the validity of an arbitration award. A first award had been declared of no effect, and the case remitted to the arbitrator, and the second award was now challenged on the basis that the reference to the arbitrator was exhausted by the first award.
Held: The delaration as to the first award did not mean that the reference to arbitration was spent, and the arbitrator’s jurisdiction continued, he was not functus officio. There was little useful to be gained by a distinction between a declaration of no effect, and a setting aside. A valid final award would exhaust the jurisdiction, but there was no reason to think that anything less would have the same effect.
Judges:
Lord Justice Rix Mr Justice Scott Baker The Master Of The Rolls
Citations:
Times 12-Mar-2003, [2003] EWCA Civ 266, Gazette 15-May-2003
Links:
Statutes:
Jurisdiction:
England and Wales
Arbitration
Updated: 07 June 2022; Ref: scu.179552
