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discretionsection 69arbitration
Fence Gate Ltd v NEL Construction Ltd
(2001) 82 Con LR 41 (TCC); also [2001] APP.L.R. 12/05
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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