Arbitration Law Monthly
Procedural irregularity
Failure to take account of the arguments
Newfield Construction Ltd v Tomlinson
, 10 November 2004, unreported, a decision of Deputy High Court Judge Peter Coulson QC, sitting in the Technology and Construction
Court, has once again raised the important procedural question of whether a failure by the arbitrator to adhere to the arguments
put by the parties is an error of law or a serious irregularity. Mr Coulson QC has held, confirming earlier authority, that
this type of error falls into both categories.