In Arbitration Application 1 of 2013 [2014] ScotCS CSOH_83 (09 May 2014)

In Arbitration Application 1 of 2013 [2014] ScotCS CSOH_83 (09 May 2014)

There was no serious irregularity in the arbitration process as alleged by the tenant; the arbitrator acted within his remit, provided sufficient reasoning, and did not improperly consider inadmissible evidence. The grounds advanced did not amount to errors of law, and the threshold for leave to appeal was not met.

Citation
[2014] ScotCS CSOH_83
Parties
Petitioner: Tenant (anonymous); Respondent: Landlord (anonymous)
Jurisdiction
Scotland
Judgment Date
09 May 2014
Procedural Posture
Arbitration Appeal / Judgment on Serious Irregularity and Error of Law Appeal
Outcome
petition dismissed; leave to appeal refused
Legal Topics
Serious Irregularity Appeal, Error of Law Appeal, Rent Review, Arbitration Award Challenge, Reasons in Arbitration, Admissibility of Evidence
Arbitration Landlord and Tenant Serious Irregularity Appeal Error of Law Appeal Rent Review Arbitration Award Challenge Reasons in Arbitration Admissibility of Evidence

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Parties

Tenant (anonymous)

Petitioner

Landlord (anonymous)

Respondent

Procedural Posture

Arbitration Appeal / Judgment on Serious Irregularity and Error of Law Appeal

Legal Issues

  1. 1 Whether there was a serious irregularity in the arbitration process under rule 68 of the Scottish Arbitration Rules
  2. 2 Whether leave should be granted for an error of law appeal under rule 69 of the Scottish Arbitration Rules
  3. 3 Whether the arbitrator failed to give adequate reasons

Ratio Decidendi

There was no serious irregularity in the arbitration process as alleged by the tenant; the arbitrator acted within his remit, provided sufficient reasoning, and did not improperly consider inadmissible evidence. The grounds advanced did not amount to errors of law, and the threshold for leave to appeal was not met.

Court Disposition

petition dismissed; leave to appeal refused

Orders

  • Petition dismissed
  • Leave to appeal refused