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Remission of an award
The effect of a successful challenge
Under s68(2)(f) of the Arbitration Act 1996, the court is permitted to remit an award to the arbitrator to correct any uncertainty or ambiguity in the award. This subsection may be used where the award is in a..
Online Published Date:
01 December 2004
Appeared in issue:
Vol 5 No 1 - 01 December 2004
Error of law
Damage representing the costs of arbitration
The decision of Langley J in
Vrinera Marine Co Ltd v Easter Rich Operations Inc, The Vakis T [2004] EWHC 1752 (Comm) raises a short but important point on the measure of damages available to a party who..
Online Published Date:
01 December 2004
Appeared in issue:
Vol 5 No 1 - 01 December 2004
Appeal on point of law
The criteria for appeal
In
Keydon Estates Ltd v Western Power Distribution (South Wales) Ltd [2004] EWHC 996 (Ch), Lloyd J considered the statutory criteria for the grant of permission to appeal for error of law, under s69 of the Arbitration Act..
Online Published Date:
01 December 2004
Appeared in issue:
Vol 5 No 1 - 01 December 2004
Enforcement of arbitration awards
Public policy
The New Zealand decision in
Kimberley Construction Ltd v Mermaid Holdings Ltd [2004] 1 NZLR 386 contains an interesting analysis of the rules of public policy as they operate in respect of the enforcement of arbitration..
Online Published Date:
01 December 2004
Appeared in issue:
Vol 5 No 1 - 01 December 2004
Serious irregularity
The right to be heard
In
Margulead Ltd v Exide Technologies [2004] EWHC 1019 (Comm) Colman J considered whether the claimant in an arbitration is always entitled to ‘the last word’ and whether a failure to address an argument raised by..
Online Published Date:
01 December 2004
Appeared in issue:
Vol 5 No 1 - 01 December 2004