Threlfall v Fanshawe: 1850

There was a dispute about the entitlement of a lay arbitrator, who had been appointed by order of the Court to determine a boundary dispute between two estates, to charge for the attorney he had employed.
Held: ‘Where parties appoint a lay arbitrator, if the reference is to be brought to a safe conclusion, it is almost of necessity he should have professional assistance in the conduct of it and in framing the award’

Citations:

(1850) 19 LJQB 329

Jurisdiction:

England and Wales

Cited by:

CitedAgrimex Ltd v Tradigrain Sa and others ComC 9-Jul-2003
Challenge was brought against the fees charged by the arbitrator, and in particular at the cost of the arbitrator bringing in a legally qualified draftsman.
Held: A draftsman’s task would not be himself to refine the arbitrator’s reasoning, . .
Lists of cited by and citing cases may be incomplete.

Arbitration

Updated: 29 April 2022; Ref: scu.185869