000 01735cam a2200229 4500
001 X113137
008 000000n2001 000 0 eng u
035 _a(Sirsi) u113137
245 _aProcedural defects in arbitration proceedings: serious irregularity
260 _c2001
490 _aArbitration Law Monthly
_v1(3) April 2001, 10-12(3)
520 _aDiscusses the judge's decision in "Weldon Plant v Commission for the New Towns" not to overturn an adjudicator's award. Weldon Plant had argued procedural irregularity under the Arbitration Act 1996 s68(2)(a) and (d), claiming that the adjudicator had been inconsistent in his calculation of the award, had made an invalid adjustment, and had not resolved all matters put to him. The judge, whilst conceding that in exceptional circumstances S68(2)(a) could be used to 'correct a culpable injustice in the award itself', ruled that s68(2)(a) was primarily concerned with procedural unfairness rather than the failure of the arbitrator to act fairly and impartially and appeals on points of law were restricted to the procedure set out in s69. Although it was assumed that the three grounds for complaint would cause substantial injustice it was held that none of these grounds had been made out and the allegation was dismissed.
650 _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
650 _aARBITRATION ACT 1996 S33
650 _aARBITRATION ACT 1996 S68
650 _aARBITRATION ACT 1996 S68(2)(A)
650 _aARBITRATION ACT 1996 S68(2)(D)
650 _aARBITRATION ACT 1996 S69
650 _aWELDON PLANT LTD V COMMISSION FOR THE NEW TOWNS
690 _aDispute resolution
_96236
942 _n0
999 _c67360
_d67360