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James Moore Earthmoving v Miller Construction Ltd

Series: Building Law Reports ; [2001] BLR 322-324(3)Publication details: 2001Subject(s): Summary: 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.
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS64470 (Browse shelf(Opens below)) 1 Available 115019-1001

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.