Procedural defects in arbitration proceedings: serious irregularity
Procedural defects in arbitration proceedings: serious irregularity
- 2001
- Arbitration Law Monthly 1(3) April 2001, 10-12(3) .
Discusses the judge's decision in "Weldon Plant v Commission for the New Towns" not to overturn an adjudicator's award. Weldon Plant had argued procedural irregularity under the Arbitration Act 1996 s68(2)(a) and (d), claiming that the adjudicator had been inconsistent in his calculation of the award, had made an invalid adjustment, and had not resolved all matters put to him. The judge, whilst conceding that in exceptional circumstances S68(2)(a) could be used to 'correct a culpable injustice in the award itself', ruled that s68(2)(a) was primarily concerned with procedural unfairness rather than the failure of the arbitrator to act fairly and impartially and appeals on points of law were restricted to the procedure set out in s69. Although it was assumed that the three grounds for complaint would cause substantial injustice it was held that none of these grounds had been made out and the allegation was dismissed.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S33
ARBITRATION ACT 1996 S68
ARBITRATION ACT 1996 S68(2)(A)
ARBITRATION ACT 1996 S68(2)(D)
ARBITRATION ACT 1996 S69
WELDON PLANT LTD V COMMISSION FOR THE NEW TOWNS
Discusses the judge's decision in "Weldon Plant v Commission for the New Towns" not to overturn an adjudicator's award. Weldon Plant had argued procedural irregularity under the Arbitration Act 1996 s68(2)(a) and (d), claiming that the adjudicator had been inconsistent in his calculation of the award, had made an invalid adjustment, and had not resolved all matters put to him. The judge, whilst conceding that in exceptional circumstances S68(2)(a) could be used to 'correct a culpable injustice in the award itself', ruled that s68(2)(a) was primarily concerned with procedural unfairness rather than the failure of the arbitrator to act fairly and impartially and appeals on points of law were restricted to the procedure set out in s69. Although it was assumed that the three grounds for complaint would cause substantial injustice it was held that none of these grounds had been made out and the allegation was dismissed.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S33
ARBITRATION ACT 1996 S68
ARBITRATION ACT 1996 S68(2)(A)
ARBITRATION ACT 1996 S68(2)(D)
ARBITRATION ACT 1996 S69
WELDON PLANT LTD V COMMISSION FOR THE NEW TOWNS