Tobin & Twomey Services Ltd. v. Kerry Foods Ltd. [1998] IEHC 61; [1999] 3 IR 483 (22nd April, 1998)

Tobin & Twomey Services Ltd. v. Kerry Foods Ltd. [1998] IEHC 61; [1999] 3 IR 483 (22nd April, 1998)

The Plaintiff failed to establish that the arbitrator had misconducted himself or the proceedings, failed to use reasonable dispatch, or that there was bias or reasonable apprehension of bias. The arbitrator was not required by law or by the Supreme Court judgment to make a further interim award, and his actions regarding fees and prior arbitrations did not constitute misconduct or bias. The Plaintiff's withdrawal from the arbitration was unjustified, and the application to remove the arbitrator or revoke the arbitration agreement was refused.

Citation
[1999] 3 IR 483
Parties
Plaintiff: Tobin & Twomey Services Limited; First Defendant: Kerry Foods Limited; Second Defendant: Kerry Group Plc.; Second Named Defendant (arbitrator): Dermot C. Coyle (Arbitrator)
Jurisdiction
Ireland
Procedural Posture
Special Summons (high Court) / Judgment on Application to Remove Arbitrator And/or Revoke Arbitration Agreement
Outcome
Application refused; arbitrator not removed; arbitration agreement not revoked.
Legal Topics
Removal of Arbitrator, Misconduct in Arbitration, Delay in Arbitration, Bias in Arbitration, Revocation of Arbitration Agreement, Costs in Arbitration
Arbitration Contract Law Civil Procedure Removal of Arbitrator Misconduct in Arbitration Delay in Arbitration Bias in Arbitration Revocation of Arbitration Agreement +1 more

Case Brief

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Parties

Tobin & Twomey Services Limited

Plaintiff

Kerry Foods Limited

First Defendant

Kerry Group Plc.

Second Defendant

Dermot C. Coyle (Arbitrator)

Second Named Defendant (arbitrator)

Procedural Posture

Special Summons (high Court) / Judgment on Application to Remove Arbitrator And/or Revoke Arbitration Agreement

Legal Issues

  1. 1 Whether the arbitrator should be removed for misconduct or failure to use reasonable dispatch under the Arbitration Act, 1954
  2. 2 Whether the arbitration agreement should be revoked or cease to have effect
  3. 3 Whether there was bias or reasonable apprehension of bias on the part of the arbitrator

Ratio Decidendi

The Plaintiff failed to establish that the arbitrator had misconducted himself or the proceedings, failed to use reasonable dispatch, or that there was bias or reasonable apprehension of bias. The arbitrator was not required by law or by the Supreme Court judgment to make a further interim award, and his actions regarding fees and prior arbitrations did not constitute misconduct or bias. The Plaintiff's withdrawal from the arbitration was unjustified, and the application to remove the arbitrator or revoke the arbitration agreement was refused.

Court Disposition

Application refused; arbitrator not removed; arbitration agreement not revoked.

Orders

  • Refusal of all reliefs sought by the Plaintiff under the special summons.
  • Arbitrator not removed.