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Arbitration

26 November 2009
Issue: 7395 / Categories: Case law , Law digest
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Mayhaven Healthcare Ltd v Bothma and another (trading as DAB Builders) [2009] EWHC 2634 (TCC), [2009] All ER (D) 163 (Nov)

An appeal on a question of law under the Arbitration Act 1996, s 69, might arise where an arbitrator had incorrectly ascertained the law or might arise by inference where the application of the law to the facts by an arbitrator showed that the arbitrator had not properly understood the law.

Otherwise when an arbitrator made findings of fact or applied the law to those findings of fact, those decisions would not give rise to appeals on questions of law under the Act.

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The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

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