Fayleigh Ltd -v- Plazaway Ltd t/a Hotel Partners & anor [2014] IEHC 52 (11 February 2014)

Fayleigh Ltd -v- Plazaway Ltd t/a Hotel Partners & anor [2014] IEHC 52 (11 February 2014)

The arbitrator's failure to consider the 17 lever arch files, after indicating he would do so, constituted a procedural irregularity amounting to misconduct in the technical legal sense. This deprived Fayleigh Ltd of a fair hearing and created a substantial risk of injustice. The appropriate remedy is to remit the award to the arbitrator for reconsideration, including review of the disputed documents and, if necessary, recalculation of sums awarded.

Citation
[2014] IEHC 52
Parties
Applicant: Fayleigh Ltd; First Respondent: Plazaway Ltd trading as Hotel Partners; Second Respondent (arbitrator): Francis Murphy
Jurisdiction
Ireland
Judgment Date
11 February 2014
Procedural Posture
Application to Remit or Set Aside Arbitration Award / High Court Judgment on Application
Outcome
Application granted; arbitration award remitted to arbitrator for reconsideration.
Legal Topics
Remittal of Arbitration Award, Setting Aside Arbitration Award, Misconduct of Arbitrator, Admissibility of Evidence, Calculation of Damages
Arbitration Contract Law Civil Procedure Remittal of Arbitration Award Setting Aside Arbitration Award Misconduct of Arbitrator Admissibility of Evidence Calculation of Damages

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Parties

Fayleigh Ltd

Applicant

Plazaway Ltd trading as Hotel Partners

First Respondent

Francis Murphy

Second Respondent (arbitrator)

Procedural Posture

Application to Remit or Set Aside Arbitration Award / High Court Judgment on Application

Legal Issues

  1. 1 Whether the arbitrator's failure to consider 17 lever arch files constituted misconduct justifying remittal or setting aside of the award
  2. 2 Whether errors in calculation of sums awarded justified intervention by the court

Ratio Decidendi

The arbitrator's failure to consider the 17 lever arch files, after indicating he would do so, constituted a procedural irregularity amounting to misconduct in the technical legal sense. This deprived Fayleigh Ltd of a fair hearing and created a substantial risk of injustice. The appropriate remedy is to remit the award to the arbitrator for reconsideration, including review of the disputed documents and, if necessary, recalculation of sums awarded.

Court Disposition

Application granted; arbitration award remitted to arbitrator for reconsideration.

Orders

  • Arbitration remitted to the arbitrator with direction to consider the 17 lever arch files.
  • Liberty to the arbitrator to reopen the hearing for further evidence or submissions as necessary.