| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 77 (Nov) |
| Court: | Court of Appeal, Civil Division |
| Judge: | Arden, Longmore and McFarlane LJJ (judgment delivered extempore) |
| Representation | Guy Fetherstonhaugh QC (instructed by Shoosmiths) for the claimant. |
| John Furber QC (instructed by Bond Pearce) for the defendant. | |
| Judgment Dates: | 10 November 2011 |
Catchwords
Arbitration - Award - Leave to appeal against award - Leave to appeal to Court of Appeal against grant or refusal of leave to appeal to High Court - Claimant tenant unable to agree rent valuation with defendant landlord - Parties agreeing to arbitration - Arbitrator construing provisions of the lease in favour of defendant - Claimant appealing arbitration award - High Court refusing leave to appeal but granting leave to appeal to Court of Appeal the refusal of leave to appeal to High Court - Whether arbitrator having been obviously wrong - .
The Case
Arbitration Award. The Court of Appeal, Civil Division, in dismissing the claimant company's application for leave to appeal the arbitration award relating to the determination of rent payable to the defendant landlord, held that the arbitrator had been obviously wrong within the meaning of of the Arbitration Act 1996.
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