Sinclair v Woods of Winchester Ltd.

Sinclair v Woods of Winchester Ltd.

The Claimants' applications failed because they were out of time, had lost their right to object by not raising complaints promptly, failed to exhaust recourse to the arbitrator, and no serious irregularity or substantial injustice was demonstrated in the arbitrator's conduct or award.

Parties
Claimant: Sinclair; 1st Defendant: Woods of Winchester Ltd.; 2nd Defendant: Harrison
Jurisdiction
England and Wales
Judgment Date
14 July 2005
Procedural Posture
Arbitration Claim / Judgment on Applications for Removal of Arbitrator and Setting Aside Award
Outcome
Applications dismissed
Legal Topics
Removal of Arbitrator, Serious Irregularity, Substantial Injustice, Arbitration Act 1996, Procedural Fairness, Delay, Jurisdictional Objections
Arbitration Construction Law Removal of Arbitrator Serious Irregularity Substantial Injustice Arbitration Act 1996 Procedural Fairness Delay +1 more

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Parties

Sinclair

Claimant

Woods of Winchester Ltd.

1st Defendant

Harrison

2nd Defendant

Procedural Posture

Arbitration Claim / Judgment on Applications for Removal of Arbitrator and Setting Aside Award

Legal Issues

  1. 1 Whether the arbitrator's conduct amounted to serious irregularity under section 68 of the Arbitration Act 1996
  2. 2 Whether substantial injustice was caused to the Claimants
  3. 3 Whether the arbitrator should be removed under section 24 of the Arbitration Act 1996

Ratio Decidendi

The Claimants' applications failed because they were out of time, had lost their right to object by not raising complaints promptly, failed to exhaust recourse to the arbitrator, and no serious irregularity or substantial injustice was demonstrated in the arbitrator's conduct or award.

Court Disposition

Applications dismissed

Orders

  • Application under section 68 Arbitration Act 1996 dismissed as out of time
  • Application under section 24 Arbitration Act 1996 dismissed