000 01472cab a2200193 4500
001 ABS44036
008 090401t1991 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u44963
041 _aeng
245 _aMF King (Holdings) plc v Thomas McKenna Ltd
260 _c1991
350 _a0
490 _aConstruction Industry Law Letter
_v1991 CILL 631-634(4)
520 _aCA 20 December 1990. During an arbitration the employers (X) made a sealed offer . During the hearing X`s counsel made a tactical decision not to tell the arbiter that there was a sealed offer. They also did not believe that costs would be dealt with as the arbitrator had used the words "hold costs over". Counsel mistakenly believed this was enough to procure a further hearing. The arbitrator awarded the contractors (Y) less than the amount of the sealed offer but in ignorance of it made a final award awarding Y their costs. X applied to the commercial court for an order remitting the award to the arbitrator for reconsideration under Arbitration Act 1950 s22 . This was done and Y appealed. It was argued that s22 only applied in four specific circumstances where the award was bad on its face, where there had been misconduct on the part of the arbitrator, where there was an admitted mistake and the arbitrator asked for it to be remitted and where new evidence had been found. However it
650 _aCASE LAW
690 _aARBITRATION-CASE LAW
942 _n0
948 _c04/03/1997
999 _c28580
_d28580