Delta Civil Engineering Co Ltd v London Docklands Development Corporation
Citation: 81 B.L.R. 19
Nature of case:
Delta Civil Engineering appealed against a decision to refuse leave to enforce an arbitrator’s award made under s.26 of the Arbitration Act 1950. That refusal had been premised on the ground that the arbitrator had not had the jurisdiction to make the award, on the basis of correspondence between the parties.
The appeal was allowed by the Court of Appeal. The initial arbitration agreement had granted the arbitrator the power to determine conclusively whether the agreement had been varied. It had not been open to the judge to hold that the agreement had been varied contrary to the arbitrator’s determination.
