The parties had submitted their dispute to arbitration. The arbitrator had made his award payable in certain currencies. The payer contended that this was in excess of his jurisdiction.
Held: The reference to the arbitrator continued the jurisdiction given to the engineer under the earlier stage of the dispute. The contract stipulated the currencies in which payments were to be made, and the arbitrator had no power to order differently. They had wrongly regarded this as a matter of procedural law.
Morison J
Times 16-Nov-2002, [2003] 1 All ER (Comm) 22, [2002] EWHC 2435 (Comm), [2003] BLR 98
Bailii
Arbitration Act 1996
England and Wales
Citing:
Appealed to – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
Cited by:
Appeal from – Lesotho Highlands Development Authority v Impregilo Spa and others CA 31-Jul-2003
The parties went to arbitration to resolve disputes in a construction contract. The award appeared to have been made for payment in currencies different from those set out in the contract. The question was asked as to whether the award of interest . .
First Instance – Lesotho Highlands Development Authority v Impregilo Spa and others HL 30-Jun-2005
The House had to consider whether the arbitrator had acted in excess of his powers under s38, saying the arbitrator had misconstrued the contract. The arbitrator had made his award in different currencies.
Held: The question remained whether . .
Lists of cited by and citing cases may be incomplete.
Arbitration
Updated: 20 January 2022; Ref: scu.178355