||All England Reporter
|| All ER (D) 194 (Feb)
Jonathan Crow QC sitting as a deputy judge of the High Court
||Timothy Dutton (instructed by Charles Russell LLP) for the respondent.
||The applicant did not appear and was not represented.
||15 February 2007
Arbitration - Award - Appeal - Appeal from a decision of arbitrator - Whether arbitrator applying correct test.
Where the applicant, a freehold owner of a property on an estate subject to a management scheme, referred the matter pursuant to an arbitration clause in the scheme, the court held that it was well established that the test to be applied was whether or not the scheme manager's decision was reasonable in the circumstances and not whether in the arbitrator's opinion consent should have been given. In the instant case the decision would be remitted to the arbitrator.
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