Degano Ltd. v Houze Constr. [2012] 1 JLR 150 (27 January 2012)

Degano Ltd. v Houze Constr. [2012] 1 JLR 150 (27 January 2012)

An arbitrator cannot be removed for refusing to grant an extension of time if the arbitrator followed the agreed procedural rules and considered the parties' submissions; such conduct does not amount to misconduct under the law.

Citation
[2012] 1 JLR 150
Parties
Applicant: Degano Ltd.; Respondent: Houze Constr.
Jurisdiction
Jersey
Judgment Date
27 January 2012
Procedural Posture
Arbitration/removal of Arbitrator / Judgment on Application for Removal of Arbitrator
Outcome
application for removal of arbitrator refused
Legal Topics
Removal of Arbitrator, Misconduct, Procedural Fairness, Natural Justice
Arbitration Procedural Law Removal of Arbitrator Misconduct Procedural Fairness Natural Justice

Case Brief

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Parties

Degano Ltd.

Applicant

Houze Constr.

Respondent

Procedural Posture

Arbitration/removal of Arbitrator / Judgment on Application for Removal of Arbitrator

Legal Issues

  1. 1 Whether an arbitrator may be removed for misconduct under Arbitration (Jersey) Law 1998, art. 26(1) for refusal to grant extension of time to file defence and counterclaim

Ratio Decidendi

An arbitrator cannot be removed for refusing to grant an extension of time if the arbitrator followed the agreed procedural rules and considered the parties' submissions; such conduct does not amount to misconduct under the law.

Court Disposition

application for removal of arbitrator refused