Complicated cases need a response time
Language: English Series: Construction News ; (6936) 29 September 2005, 17(1)Publication details: 2005Subject(s): Summary: Discusses the implications for adjudicators and arbitrators in the construction industry of the HC decision in "Cameroon Airlines v Transnet Ltd" ([2004] EWHC 1829 (Comm), unreported). C appealed from a decision by an arbitration tribunal, which had been based upon a matter introduced for the first time in T's closing submission, and which had not previously been raised by either party. The appeal was allowed, on the basis that the tribunal had acted unfairly by not giving C an opportunity of addressing it on the matter raised, thereby causing substantial injustice. The case shows that it is vital for arbitrators to adopt a method of valuation to which all parties have an opportunity to respond, no matter how sensible another method may seem.| Item type | Current library | Call number | Copy number | Status | Date due | Barcode | |
|---|---|---|---|---|---|---|---|
| Journal article | London Journal article | L131282 (Browse shelf(Opens below)) | 1 | Available | 131282-1001 |
Discusses the implications for adjudicators and arbitrators in the construction industry of the HC decision in "Cameroon Airlines v Transnet Ltd" ([2004] EWHC 1829 (Comm), unreported). C appealed from a decision by an arbitration tribunal, which had been based upon a matter introduced for the first time in T's closing submission, and which had not previously been raised by either party. The appeal was allowed, on the basis that the tribunal had acted unfairly by not giving C an opportunity of addressing it on the matter raised, thereby causing substantial injustice. The case shows that it is vital for arbitrators to adopt a method of valuation to which all parties have an opportunity to respond, no matter how sensible another method may seem.