Reliant Building Contractors Ltd v BRB (Residuary) Ltd

Reliant Building Contractors Ltd v BRB (Residuary) Ltd

The arbitrator was not obviously wrong and was substantively correct in holding that an 'Exempt Disposition' under Clause 2.4.1 requires the physical construction of a residential or commercial unit recognisable as such; mere intention or planning permission is insufficient. Leave to appeal is refused as the...

Source-derived case information.

Parties
Claimant: Reliant Building Contractors Limited; Defendant: BRB (Residuary) Limited
Jurisdiction
England and Wales
Judgment Date
08 June 2011
Procedural Posture
Arbitration Appeal (leave to Appeal) / Application for Leave to Appeal Against Arbitral Award
Outcome
Leave to appeal refused; costs awarded to Defendant.
Legal Topics
Interpretation of Contract Terms, Overage/clawback Provisions, Leave to Appeal Arbitral Award
Contract Law Property Law Arbitration Interpretation of Contract Terms Overage/clawback Provisions Leave to Appeal Arbitral Award

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Parties

Reliant Building Contractors Limited

Claimant

BRB (Residuary) Limited

Defendant

Procedural Posture

Arbitration Appeal (leave to Appeal) / Application for Leave to Appeal Against Arbitral Award

Legal Issues

  1. 1 Whether the arbitrator's interpretation of 'Exempt Disposition' in the Transfer agreement was obviously wrong or raised a question of general public importance justifying leave to appeal under Section 69(3) of the Arbitration Act 1996

Ratio Decidendi

The arbitrator was not obviously wrong and was substantively correct in holding that an 'Exempt Disposition' under Clause 2.4.1 requires the physical construction of a residential or commercial unit recognisable as such; mere intention or planning permission is insufficient. Leave to appeal is refused as the statutory criteria are not met.

Court Disposition

Leave to appeal refused; costs awarded to Defendant.

Orders

  • Leave to appeal against the arbitral award is refused.
  • Claimant to pay Defendant's costs assessed at £11,000 by 24 June 2011.