Benaim (UK) Ltd v Davies Middleton & Davies Ltd

Citation: 102 Con LR 1 TCC

Nature of case:
Applications were made by Benaim under ss. 68 and 69 Arbitration Act to challenge the award of the arbitrator of disputes on the A13 viaduct design management.  The court held that s.68 could not be used as a means to challenge the means by which the arbitrator considered the issues; no serious irregularity had been demonstrated.  A further attempt to remove the arbitrator for misconduct of the proceedings also failed; the matters complained of were the same criticisms as those under the s.68 challenge.



Stephen Furst KC

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