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Offensive manoeuvres

By: Language: English Series: Building ; 270(8396) 2 September 2005, 54-55(2)Publication details: 2005Subject(s): Summary: Discusses the issue raised in the case "Sinclair v Woods of Winchester and another", ([2005] EWHC 1631(QB), unreported), whereby a decision reached by an adjudicator can be overturned in court while one reached by an arbitrator cannot - unless the claimant establishes that he is incompetent. The implication is that while arbitrators are encouraged to actively carry out arbitration they may find themselves liable to a personal attack for conduct inconsistent with due process.

Discusses the issue raised in the case "Sinclair v Woods of Winchester and another", ([2005] EWHC 1631(QB), unreported), whereby a decision reached by an adjudicator can be overturned in court while one reached by an arbitrator cannot - unless the claimant establishes that he is incompetent. The implication is that while arbitrators are encouraged to actively carry out arbitration they may find themselves liable to a personal attack for conduct inconsistent with due process.