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United Kingdom discretionsection 69arbitration

Fence Gate Ltd v NEL Construction Ltd

(2001) 82 Con LR 41 (TCC); also [2001] APP.L.R. 12/05
JurisdictionUnited Kingdom
CourtHigh Court of Justice, Queen's Bench Division (Technology and Construction Court)
Year2001
StatusPersuasive authority

Key Principle

An arbitrator's exercise of discretion as to costs can only be challenged under s.69 of the Arbitration Act 1996 if the complaint can be framed as a clear question of law, namely that the arbitrator took into account matters the law precluded or failed to take account of matters the law required; mere disagreement with the discretionary outcome is not appealable.

Area of Law

General

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