J v K

J v K

The Tribunal had jurisdiction to rehear all matters arising out of the Independent Expert's Determination under Clause 9.3 of the YCA, as the last sentence of Clause 22.2.1(b) applied, permitting further arbitration. The 'final and binding' wording in Clause 9.3 did not exclude oversight by the Tribunal. The Tribunal's powers included a full rehearing, not limited review, and the applications under s.67 and s.68 were dismissed.

Parties
Claimant: J; Defendant: K
Jurisdiction
England and Wales
Judgment Date
24 January 2019
Procedural Posture
Arbitration Challenge / Judgment on Applications Under S.67 and S.68 of the Arbitration Act 1996
Outcome
Applications dismissed
Legal Topics
Jurisdiction of Arbitral Tribunal, Expert Determination, Interpretation of Contract Clauses, Finality of Expert Determination, Remission to Expert
Arbitration Contract Jurisdiction of Arbitral Tribunal Expert Determination Interpretation of Contract Clauses Finality of Expert Determination Remission to Expert

Case Brief

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Parties

J

Claimant

K

Defendant

Procedural Posture

Arbitration Challenge / Judgment on Applications Under S.67 and S.68 of the Arbitration Act 1996

Legal Issues

  1. 1 Whether the Tribunal had jurisdiction to rehear or review the Independent Expert's Determination under Clause 9.3 of the YCA
  2. 2 Whether the 'final and binding' wording in Clause 9.3 excludes further arbitration
  3. 3 Whether the Tribunal's powers are limited to review or include full rehearing

Ratio Decidendi

The Tribunal had jurisdiction to rehear all matters arising out of the Independent Expert's Determination under Clause 9.3 of the YCA, as the last sentence of Clause 22.2.1(b) applied, permitting further arbitration. The 'final and binding' wording in Clause 9.3 did not exclude oversight by the Tribunal. The Tribunal's powers included a full rehearing, not limited review, and the applications under s.67 and s.68 were dismissed.

Court Disposition

Applications dismissed