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United Kingdom appeal on point of lawdissolution accounts

Maurice J Bushell & Co v Born

[2017] EWHC 2227 (Ch)
JurisdictionUnited Kingdom
CourtHigh Court of Justice (Chancery Division)
Year2017
StatusPersuasive authority

Key Principle

On a s.69 Arbitration Act 1996 appeal the firm established that the (non-lawyer) arbitrator had erred in law, but the court DECLINED to set the award aside and instead REMITTED it to the same arbitrator under s.69(7): an error of law, even attended by stinging judicial criticism and a stated loss of confidence in the arbitrator, did not make remission inappropriate, the primacy of the arbitral process and fairness favouring reconsideration over setting aside.

Area of Law

General

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