Wide discretion

Warborough Investments Ltd v S Robinson & Sons (Holdings) Ltd CA TLR 9 July

The overall objective of arbitral proceedings of ‘the fair resolution of disputes by an impartial tribunal without necessary delay or expense’ requires the courts to accord to arbitrators a reasonably generous margin of appreciation in the discharge of their functions (s1 (a) Arbitration Act 1996). In the present case the arbitrator had not acted in breach of his statutory duty of fairness in making a rent determination, but even if there had been an irregularity, the arbitrator had not gone so far wrong in his conduct of the arbitration that justice called out for it to be corrected.