RELIEF GRANTED UNDER s69 OF THE ARBITRATION ACT 1996

Newfield Construction Ltd v Tomlinson [2004] EWHC 3051 (TCC); (2005) 97 Con LR 148

In Newfield Construction Ltd v Tomlinson [2004] EWHC 3051 (TCC); (2005) 97 Con LR 148 Judge Peter Coulson QC held that the decision of an arbitrator in relation to the award of costs was a decision on a point of law which was obviously wrong. Accordingly, he granted leave to appeal pursuant to s69 of the Arbitration Act 1996 and awarded costs in favour of the appellant in the proceedings before him. He also held (although it was in the event unnecessary for him to consider the point) that a serious irregularity had been made out under s68(2) of the Arbitration Act 1996 and that it had caused substantial injustice.