17 Jan 1997
ATTORNEY GENERAL v. SHIMIZU CORPORATION
- Citation
- ATTORNEY GENERAL v. SHIMIZU CORPORATION
- Court
- Court of Appeal
- Case number
- CACV81/1996
The court held by majority that the arbitrator improperly departed from the parties' agreed 'guillotine' procedure by reserving final determination of global claims and permitting further evidence, constituting misconduct warranting intervention: global claims presented without necessary particulars must not be revived by post-award supplementation and should be dismissed or reconsidered consistent with Crosby; accordingly remittals ordered in favour of Shimizu for three global claims were quashed and the rubbish removal claim was remitted to the arbitrator with direction to reconsider on exi…