Elkateb v Lawindi [1999] NSWSC 720

Elkateb v Lawindi [1999] NSWSC 720

There were no manifest errors of law in the interim arbitral award and no misconduct by the arbitrator sufficient to set aside the award or remove the arbitrator. The arbitrator had jurisdiction, the partnership was properly represented; procedural complaints did not warrant court intervention.

Jurisdiction
Australia
Judgment Date
20 July 1999
Procedural Posture
Application for Leave to Appeal and Removal of Arbitrator / Judgment on Applications Post Arbitral Award
Outcome
Applications for leave to appeal and removal of arbitrator are refused and dismissed.
Legal Topics
['leave to Appeal From Arbitral Award' 'arbitrator Misconduct' 'jurisdiction of Arbitrator' 'parties to Contract']
['construction' 'commercial Arbitration'] ['leave to Appeal From Arbitral Award' 'arbitrator Misconduct' 'jurisdiction of Arbitrator' 'parties to Contract']

Case Brief

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Procedural Posture

Application for Leave to Appeal and Removal of Arbitrator / Judgment on Applications Post Arbitral Award

Legal Issues

  1. 1 ['Whether leave to appeal from interim arbitral award should be granted' 'Whether arbitrator should be removed for misconduct' 'Jurisdiction of arbitrator regarding parties to the building contract' 'Defects and compensation under building contract']

Ratio Decidendi

There were no manifest errors of law in the interim arbitral award and no misconduct by the arbitrator sufficient to set aside the award or remove the arbitrator. The arbitrator had jurisdiction, the partnership was properly represented; procedural complaints did not warrant court intervention.

Court Disposition

Applications for leave to appeal and removal of arbitrator are refused and dismissed.

Orders

  • ["Dr Elkateb's Summons dismissed." "Mr Lawindi's Summons dismissed." "Dr Elkateb to pay seven eighths of Mr Lawindi's costs of Dr Elkateb's Summons, otherwise no order as to costs." 'Exhibits be returned.']