Is resistance by arbitrators to an application to correct their mistake the best way to deal with the matter - Lexology

abaikans.blogspot.com

Doglemor Trade Ltd. and others v. Caledor Consulting Ltd. and others [2020] EWHC 3342 (Com.) seem to offer a very balanced solution to the rather special situation in which arbitrators, after having admitted to have made a mistake in their reasoning, have refused to correct the award, holding that their decision is right in spite of that error.

Arbitration Act 1996 fortunately gives an opportunity to the Court - which is not granted to it in many other jurisdictions - to avoid having to make a sharp decision between setting aside the award or accepting a not rectified award.

The remission of the award to the arbitrators for reconsideration allows in fact to arbitrators to make their reasons more understandable and in general to achieve the best solution.

Refusing to correct an award does not seem to be the best reaction by an arbitrator to a request to rectify his/her admitted mistake.

Let's block ads! (Why?)

"correct" - Google News
March 01, 2021 at 11:24PM
https://ift.tt/3q0dpIo

Is resistance by arbitrators to an application to correct their mistake the best way to deal with the matter - Lexology
"correct" - Google News
https://ift.tt/3d10rUK
https://ift.tt/35qAk7d

Bagikan Berita Ini