19 Jul 2007
The applications were dismissed because the court found no serious error of law or construction by the arbitrator, the arbitrator's factual findings were open to him, the quantum meruit claim was unpleaded and lacked evidential basis, liquidated damages were a reasonable pre-estimate, and refusal of discovery did not constitute misconduct.
31 Jul 1997
The judge held there was no evidence of arbitrator misconduct: the arbitrator was entitled to determine jurisdiction (the pleadings raised the larger sum), the letter did not show bias, the refusal to admit an architect's report was a proper exercise of discretion in a document-based arbitration, and the closure of submissions was justified; the application is dismissed and costs are awarded to the respondent.
31 Jul 1997
The Court found no misconduct: the arbitrator validly decided jurisdiction because the parties' pleadings put the larger sum in issue; the wording of the arbitrator's letter did not establish bias; refusal to admit an architect's report was a proper exercise of case-management discretion in a documentary arbitration; closure of submissions was justified. Consequently the application to remove the arbitrator was dismissed and costs were awarded to the respondent.