HOUSE OF FRASER LTD V SCOTTISH WIDOWS PLC

[2011] EWHC 2800 (Ch), Chancery Division, Mr Justice Peter Smith, 28 October 2011

Arbitration - Error of law - Whether reliance on inadmissible evidence amounts to error of law - Arbitration Act 1996, section 69

The applicants, the tenants under a lease, sought permission to appeal against a rent review arbitration award under section 69 of the Arbitration Act 1996 for error of law. They argued that the arbitrator had taken into account inadmissible evidence to reach his conclusion. The court ruled that the manner in which evidence was assessed and whether it was or was not admissible was not a question of law at all. Further, the arbitrator had not been called upon to decide any questions of law and his award made it clear that he was making factual findings only.