James Moore Earthmoving v Miller Construction Ltd
James Moore Earthmoving v Miller Construction Ltd
- 2001
- Building Law Reports [2001] BLR 322-324(3) .
CA 6 April 2001. A entered into a sub-contract with B to carry out earthmoving works. B was employed by the Department of the Environment under a main contract. Disputes arose between A and B over payments A claimed to be entitled to. Following an arbitration hearing B applied to have the award set aside, and the arbitrator removed for misconduct. A appealed. The appeal was allowed. "Held": It was not appropriate to make a finding of misconduct without giving the arbitrator notice of the grounds for such action. Prejudice to a party would rarely be a relevant consideration with regard to whether an arbitrator should be removed.
JAMES MOORE EARTHMOVING V MILLER CONSTRUCTION LTD
ARBITRATORS
MISCONDUCT
PREJUDICE
CA 6 April 2001. A entered into a sub-contract with B to carry out earthmoving works. B was employed by the Department of the Environment under a main contract. Disputes arose between A and B over payments A claimed to be entitled to. Following an arbitration hearing B applied to have the award set aside, and the arbitrator removed for misconduct. A appealed. The appeal was allowed. "Held": It was not appropriate to make a finding of misconduct without giving the arbitrator notice of the grounds for such action. Prejudice to a party would rarely be a relevant consideration with regard to whether an arbitrator should be removed.
JAMES MOORE EARTHMOVING V MILLER CONSTRUCTION LTD
ARBITRATORS
MISCONDUCT
PREJUDICE