ChD 28 October 1992. An application by an originating motion by the tenant, B, for the award of an arbitrator to be varied or set-aside. The landlord, D, agreed to the appeal. At rent review, the tenant submitted to the arbitrator that the hypothetical term was 35 years from the review date, giving a lower rent; the landlord contended for a hypothetical term of 14 years from review, this being the residue of a term of 35 years from the original commencement date. The tenant`s argument was rejected by the arbitrator, who made alternative awards in relation to the parties` respective contentions; the tenant applied for the award to be set aside. At issue was the length of the hypothetical term and the commencement date the arbitrator should use in determining full market yearly rent for the purposes of a rent review clause in the lease. Held, dismissing the applic- ation, that the hypothetical term was for a period equal to the residue of the term in the actual lease. Leave to appeal r