Fence Gate Ltd v NEL Construction Ltd
Fence Gate Ltd v NEL Construction Ltd
- 2002
- Construction Industry Law Letter [2002] CILL 1817-1824(8) .
TCC 5 December 2002. Fence Gate Ltd (F) submitted that the Arbitrator in its dispute with NEL Construction (N) had erroneously taken into account factors that he should not have taken into account and vice versa when making his award. "Held:" The errors of law made by the Arbitrator, and their extent, meant that the ward should be set aside. The court varied the award as there would have the potential for unfairness and lack of impartiality had it been remitted to the tribunal.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S69(7)
ARBITRATORS' AWARDS
REMISSION
TCC 5 December 2002. Fence Gate Ltd (F) submitted that the Arbitrator in its dispute with NEL Construction (N) had erroneously taken into account factors that he should not have taken into account and vice versa when making his award. "Held:" The errors of law made by the Arbitrator, and their extent, meant that the ward should be set aside. The court varied the award as there would have the potential for unfairness and lack of impartiality had it been remitted to the tribunal.
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
ARBITRATION ACT 1996 S69(7)
ARBITRATORS' AWARDS
REMISSION