Byrne v. Byrne [2005] IEHC 55 (3 March 2005)

Byrne v. Byrne [2005] IEHC 55 (3 March 2005)

Once the parties have chosen arbitration over mediation, or arbitration is imposed in default of agreement, any award made pursuant to such arbitration is binding on both parties, as per the statutory effect of the Arbitration Act, 1954, s.27, and the structure and intent of the agreement.

Citation
[2005] IEHC 55
Parties
Claimant: Kevin Byrne; Respondent: Edward Byrne
Jurisdiction
Ireland
Judgment Date
03 March 2005
Procedural Posture
Case Stated Under Arbitration Act 1954, S.35(1) / Interpretation of Arbitration Clause
Outcome
Award made by the arbitrator is binding on the parties.
Legal Topics
Interpretation of Arbitration Clauses, Binding Nature of Arbitral Awards, Shareholder Agreements
Arbitration Contract Law Company Law Interpretation of Arbitration Clauses Binding Nature of Arbitral Awards Shareholder Agreements

Case Brief

Summary, issues, holding and outcome

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Parties

Kevin Byrne

Claimant

Edward Byrne

Respondent

Procedural Posture

Case Stated Under Arbitration Act 1954, S.35(1) / Interpretation of Arbitration Clause

Legal Issues

  1. 1 Whether an award made by the arbitrator pursuant to Clause 7 of the agreement is binding on the parties

Ratio Decidendi

Once the parties have chosen arbitration over mediation, or arbitration is imposed in default of agreement, any award made pursuant to such arbitration is binding on both parties, as per the statutory effect of the Arbitration Act, 1954, s.27, and the structure and intent of the agreement.

Court Disposition

Award made by the arbitrator is binding on the parties.

Orders

  • The answer to the question posed by the Arbitrator is 'Yes'.