The applicant sought remission of the decision of the arbitrator on a rent review. The arbitrator had taken a different approach from that suggested by either party’s expert.
Held: Arbitrators should be give a wide margin of appreciation. Even if there had been an irregularity, the arbitrator had not gone so far wrong in coming to a conclusion was ‘materially different’ from a conclusion without the irregularity, as to allow any interference in his award.
Judges:
Lord Justice Clarke Lord Justice Jonathan Parker
Citations:
[2003] EWCA Civ 751, Gazette 19-Jun-2003, Times 09-Jul-2003
Links:
Statutes:
Arbitration Act 1996 1(a) 33 68
Jurisdiction:
England and Wales
Citing:
Mentioned – Unit Four Cinemas v Tosara Investment Ltd 1993
The applicant challenged the fairness of the arbitrator’s actions. . .
Mentioned – Handley v Nationwide Anglia Building Society 1992
The issue on a challenge of an arbitration award was whether the arbitrator had acted fairly. . .
Cited – Checkpoint Ltd v Strathclyde Pension Fund CA 6-Feb-2003
The tenants sought to challenge the arbitrator’s award setting the rent payable under the lease. They claimed that he had improperly refered to his own experience of the market, to support his decision, and this committed a serious irregularity . .
Cited – Egmatra A G v Marco Trading Corporation 1999
The test of ‘substantial injustice’ is intended to be applied by a way of support of the arbitral process, not by way of interference with that process. It is only in those cases where it can be said that what has happened is so far removed from . .
Cited by:
Mentioned – Cetelem Sa v Roust Holdings Ltd CA 24-May-2005
The parties were engaged in arbitration proceedings. The claimant had sought and obtained an interim mandatory order intended to prevent the defendant dissipating its assets in anticipation of an adverse ruling. The defendant sought leave to appeal. . .
Cited – Michael Wilson and Partners Ltd v Emmott ComC 8-Jun-2011
The claimant challenged an arbitration award made concerning the agreement under which the defendant had been admitted to partnership. MWP contended that the Tribunal were guilty of a large number of serious irregularities in their conduct of the . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Landlord and Tenant
Updated: 07 June 2022; Ref: scu.183349
