1998/102 - Delta Civil Engineering Ltd v States of Jersey&£9; [1998] UR 102 (21 May 1998)
There was no internal inconsistency in the Arbitrator's Award; finance charges were inherent in the settlement figures, and the Arbitrator's reasoning was coherent and justified. The Representation to set aside the Award is dismissed.
- Citation
- [1998] UR 102
- Parties
- Claimant/plaintiff: Delta Civil Engineering Ltd; Respondent/defendant: States of Jersey
- Jurisdiction
- Jersey
- Judgment Date
- 21 May 1998
- Procedural Posture
- Representation to Set Aside Arbitrator's Award / Final Judgment
- Outcome
- Representation dismissed
- Legal Topics
- Setting Aside Arbitral Awards, Finance Charges in Construction Contracts, Contractual Interpretation
Case Brief
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Parties
Delta Civil Engineering Ltd
Claimant/plaintiff
States of Jersey
Respondent/defendant
Procedural Posture
Representation to Set Aside Arbitrator's Award / Final Judgment
Legal Issues
- 1 Whether the Arbitrator's Award contained an inconsistency sufficient to vitiate the Award
- 2 Whether finance charges were recoverable under the contract or included in the agreed settlement
Ratio Decidendi
There was no internal inconsistency in the Arbitrator's Award; finance charges were inherent in the settlement figures, and the Arbitrator's reasoning was coherent and justified. The Representation to set aside the Award is dismissed.
Court Disposition
Representation dismissed
Orders
- The Arbitrator's Award stands; no further action to set aside
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