Independence daze
Bingham, Tony
Independence daze - 2001 - Building 266(805) 12 October 2001, 52(2) .
Mentions the balance arbitrators have to take between their duty not be swayed by outside pressure and their fear of being thrown out by the High Court during the course of an arbitration. Argues that it is difficult fo the arbitrator to square both of these roles. They will often adjust their decision in order to avoid criticism. Gives examples from recent cases including Balfour Beatty vs Kelston Sparkes where Balfour attacked on ground of misconduct by characterising the decision of the arbitrator as 'failing in fairness'. and "Miller Construction v James Moore". Concludes by attacking the policy of 20 years ago which disallowed except on exceptional grounds appeal on arbitrator's errors.
ARBITRATORS
ETHICAL CONDUCT
MILLER CONSTRUCTION VS JAMES MOORE
BALFOUR BEATTY CONSTRUCTION V KELSTON SPARKES CONTRACTORS
Independence daze - 2001 - Building 266(805) 12 October 2001, 52(2) .
Mentions the balance arbitrators have to take between their duty not be swayed by outside pressure and their fear of being thrown out by the High Court during the course of an arbitration. Argues that it is difficult fo the arbitrator to square both of these roles. They will often adjust their decision in order to avoid criticism. Gives examples from recent cases including Balfour Beatty vs Kelston Sparkes where Balfour attacked on ground of misconduct by characterising the decision of the arbitrator as 'failing in fairness'. and "Miller Construction v James Moore". Concludes by attacking the policy of 20 years ago which disallowed except on exceptional grounds appeal on arbitrator's errors.
ARBITRATORS
ETHICAL CONDUCT
MILLER CONSTRUCTION VS JAMES MOORE
BALFOUR BEATTY CONSTRUCTION V KELSTON SPARKES CONTRACTORS