It is fundamental for an arbitrator asked to settle a rent to adjudicate on the extent of a land holding in order to decide the amount of that rent. If the Parties could not agree it, then the arbitrator would have to do so. Such preliminary issues fall within his jursdiction even if the terms of the appointment restrict his duties to determination of the rent.
Citations:
[1965] EGD 236
Jurisdiction:
England and Wales
Cited by:
Cited – Rysaffe Trustee Company (CI) Ltd and Another v Ataghan Ltd and others ChD 8-Aug-2006
Complex family trusts had been created over many years. Various documents were now disputed, and particularly the extent of land demised by a lease, and whether a surender of a lease had occurred. Landslides had disturbed the boundaries of the land. . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Landlord and Tenant
Updated: 01 May 2022; Ref: scu.245075