000 01666cab a2200229 4500
001 X704
008 090401t1993 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u67126
041 _aeng
245 _aArbitrator and misconduct - a surprising case
260 _c1993
350 _a0
490 _aCS Monthly : Rural Practice
_v2(8) May 1993, 10(1)
520 _a"Everett and others v Barribal" (1993) Lincoln County Court. Landlord served notice to pay; tenant paid all the rent except the owner`s drainage rate which he deducted before paying the drainage authority. landlord gave notice to quit. Arbitration raised numerous issues as to estoppel, set-off, counterclaim etc. Arbitrator awarded in favour of landlord and said his award was available to be taken up on payment of his costs of over £21000. The tenant declined to pay. The landlord paid eventually, more tha 21 days after the making of the award. On one interpretation the tennat was out of time for appealing before he knew the contents of the award. Tenant applied to have the award set aside, remitted or varied and sought leave to appeal out of time. The landlord opposed the application. Held: leave to appeal was not needed as time did not start to run until the tenant received the award. This is contrary to a long line of commercial arbitration cases. The arbitrator was guilty of miscon
650 _aARBITRATORS' AWARDS
650 _aCOSTS
650 _aMISCONDUCT
690 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
690 _aLANDLORD AND TENANT-AGRICULTURAL TENANCIES
942 _n0
948 _c04/03/1997
999 _c41998
_d41998