Newfield Construction Ltd v Tomlinson
Citation: 97 Con LR 148 TCC and  EWHC 3051 (TCC)
Nature of case:
In a dispute over the meaning of “gross developer’s margin” it was held that leave to appeal on a point of law should be granted, since the arbitrator’s post-award correspondence revealed a fundamental misunderstanding of the respondent’s case. The arbitrator had failed to decide the point stated in the pleadings, which would have constituted serious irregularity had the appeal not been allowed.