Fulham Broadway Trustees v Telefonica UK

Fulham Broadway Trustees v Telefonica UK

The application was dismissed because the arbitrator gave the landlord a reasonable opportunity to address the evidential value of the Unit 8 letting, dealt with all relevant issues, and no serious irregularity or substantial injustice was established under section 68 of the Arbitration Act 1996.

Parties
Claimant: Fulham Broadway Trustees; Defendant: Telefonica UK
Jurisdiction
England and Wales
Judgment Date
20 February 2014
Procedural Posture
Arbitration Challenge Under Arbitration Act 1996 / Judgment on Application to Set Aside/remit Arbitral Award
Outcome
Application dismissed
Legal Topics
Serious Irregularity Under Section 68 Arbitration Act 1996, General Duty of Tribunal Under Section 33 Arbitration Act 1996, Rent Review, Open Market Rent, Procedural Fairness in Arbitration
Arbitration Landlord and Tenant Commercial Law Serious Irregularity Under Section 68 Arbitration Act 1996 General Duty of Tribunal Under Section 33 Arbitration Act 1996 Rent Review Open Market Rent Procedural Fairness in Arbitration

Case Brief

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Parties

Fulham Broadway Trustees

Claimant

Telefonica UK

Defendant

Procedural Posture

Arbitration Challenge Under Arbitration Act 1996 / Judgment on Application to Set Aside/remit Arbitral Award

Legal Issues

  1. 1 Whether the arbitrator failed to comply with section 33 of the Arbitration Act 1996 by not giving the landlord a reasonable opportunity to address the weight to be given to the Unit 8 letting as a comparable.
  2. 2 Whether the arbitrator failed to deal with all issues put to him, specifically the effect of the Statement of Agreed Facts on the evidential value of the Unit 8 letting.

Ratio Decidendi

The application was dismissed because the arbitrator gave the landlord a reasonable opportunity to address the evidential value of the Unit 8 letting, dealt with all relevant issues, and no serious irregularity or substantial injustice was established under section 68 of the Arbitration Act 1996.

Court Disposition

Application dismissed

Orders

  • The application to set aside or remit the arbitral award is dismissed.