Source: All England Reporter
Publisher Citation: [2002] All ER (D) 279 (Jul)
Court: Chancery Division
Judge:

Jacob J

Representation Andrew Simmonds QC (instructed by Prettys, Ipswich) for the applicant.
  Caroline Shea (instructed by Beachcroft Wansbroughs) for the respondents.
Judgment Dates: 18 July 2002

Catchwords

Landlord and tenant - Lease - Rectification - Construction of arbitration clause of lease - Arbitrator ruling that claims for rectification of lease advanced by respondent landlords fell within scope of arbitration clause - Whether arbitrator erring - s 67(1)(a).

The Case

On an appeal against a decision by the single arbitrator that certain claims for rectification of a lease fell within the scope of the arbitration clause of that lease, the court ruled that, on a true construction of the clause, the arbitrator had the jurisdiction to determine questions as to rectification and accordingly dismissed the appeal.

Practice Areas

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