Houze -v- Degano [2011] JRC 185A (27 September 2011)

Houze -v- Degano [2011] JRC 185A (27 September 2011)

The arbitrator's refusal to grant an extension of time for the Representor to file its answer and counter-claim, in circumstances where the rules allowed for such discretion and the overrun was short, amounted to misconduct of the proceedings. This procedural rigidity risked injustice and prevented the real issues from being ventilated, justifying removal under Article 26(1) of the Arbitration (Jersey) Law 1998.

Citation
[2011] JRC 185A
Parties
Representor: Houze Construction Limited; Respondent: Degano Limited
Jurisdiction
Jersey
Judgment Date
27 September 2011
Procedural Posture
Arbitration Removal Application / Judgment on Application to Remove Arbitrator
Outcome
Application granted; arbitrator removed.
Legal Topics
Removal of Arbitrator, Procedural Fairness, Extension of Time, Bias in Arbitration
Arbitration Civil Procedure Removal of Arbitrator Procedural Fairness Extension of Time Bias in Arbitration

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Parties

Houze Construction Limited

Representor

Degano Limited

Respondent

Procedural Posture

Arbitration Removal Application / Judgment on Application to Remove Arbitrator

Legal Issues

  1. 1 Whether the arbitrator should be removed for misconduct under Article 26 of the Arbitration (Jersey) Law 1998
  2. 2 Whether the arbitrator's refusal to grant an extension of time amounted to misconduct or bias

Ratio Decidendi

The arbitrator's refusal to grant an extension of time for the Representor to file its answer and counter-claim, in circumstances where the rules allowed for such discretion and the overrun was short, amounted to misconduct of the proceedings. This procedural rigidity risked injustice and prevented the real issues from being ventilated, justifying removal under Article 26(1) of the Arbitration (Jersey) Law 1998.

Court Disposition

Application granted; arbitrator removed.

Orders

  • The arbitrator is removed pursuant to Article 26(1) of the Arbitration (Jersey) Law 1998 for unreasonableness in failing to grant an extension of time to the Representor.