9 Oct 2013
Clause 16 of the parties' arbitration agreement, by requiring that a party taking "any action to have the award set aside" follow the specified procedure, is broad enough to encompass an appeal on a question of law under Schedule 2 Article 5; accordingly the parties agreed to permit such an appeal without the plaintiff requiring leave of the High Court.
20 Jul 2012
The Court upheld the arbitrator's factual findings that the Lipps (through deposited plans and solicitor's assurances) made clear representations that the upper driveway was common, the Chaneys reasonably relied and suffered detriment up to 30 August 2010, and it would be unconscionable to resile; the arbitrator therefore lawfully granted expectation-based relief conferring common use and ordered new plans and leases, except that the arbitrator's direction that any changes to the houses' footprints be embodied in new plans exceeded the submission and was set aside.
8 Jul 2011
The Court applied the narrow review permitted by Arbitration Act Article 34: most of CKI's grounds failed because the arbitrator applied correct legal principles and had probative evidence for his findings; Article 34(6) can treat breaches of natural justice as public policy but the Court will exercise discretion and not set aside awards for minor or non-prejudicial breaches; CKI's application to set aside the interim award and remedies ruling was struck out as untenable except for a reasonably arguable procedural unfairness ground relating to the arbitrator's finding on causation (that OIO c…
7 Apr 2010
The application to set aside the arbitral award was dismissed because the applicant's identity/fraud allegation was inherently implausible, unsupported by cogent evidence, contradicted by contemporaneous documents, was raised late and did not meet the public policy threshold under Article 34(2)(b)(ii) of Schedule 1 of the Arbitration Act 1996.