1998/102 - Delta Civil Engineering Ltd v States of Jersey&£9; [1998] UR 102 (21 May 1998)

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

  1. 1 Whether the Arbitrator's Award contained an inconsistency sufficient to vitiate the Award
  2. 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