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Historic Buildings and Monuments Commision for England v Isambard Estates Ltd

Historic Buildings and Monuments Commision for England v Isambard Estates Ltd Historic Buildings and Monuments Commission for England v Isambard Estates Ltd 16 June 2007 Lewison J Chancery Division [2005] EWHC 3847 [2005] ArbLR 30 Arbitration award--Appeal--Question of law--Permission--Arbitrator construing lease provisions differently than arbitrator appointed in earlier reference--Whether error of law (no)--Whether to grant permission (no)-- Arbitration Act 1996, s 69 Arbitrator's refusal to follow earlier award not obviously wrong In 1995, Church Ward plc and the Secretary of State for the Environment concluded a lease which became vested in the Historic Buildings and Monuments Commission with a reversionary interest in Isambard Estates. The property comprised three buildings. Two were used as offices and the third as an archive facility. Clause 32.1.10 of the lease provided that for the purposes of rent review, the archive was to be valued at the same rate as the office buildings. In 1999, an arbitration award was issued which had to deal, inter alia, with the construction of this clause. In assessing market value, the arbitrator concluded that the lease provision was onerous and would cause a tenant to reduce his bid. Accordingly, the arbitrator made an allowance of five per cent. Another arbitrator was appointed subsequently in a second arbitral reference http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Historic Buildings and Monuments Commision for England v Isambard Estates Ltd

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Historic Buildings and Monuments Commision for England v Isambard Estates Ltd

Arbitration Law Reports and Review , Volume 2005 (1) – Jan 1, 2005

Abstract

Historic Buildings and Monuments Commission for England v Isambard Estates Ltd 16 June 2007 Lewison J Chancery Division [2005] EWHC 3847 [2005] ArbLR 30 Arbitration award--Appeal--Question of law--Permission--Arbitrator construing lease provisions differently than arbitrator appointed in earlier reference--Whether error of law (no)--Whether to grant permission (no)-- Arbitration Act 1996, s 69 Arbitrator's refusal to follow earlier award not obviously wrong In 1995, Church Ward plc and the Secretary of State for the Environment concluded a lease which became vested in the Historic Buildings and Monuments Commission with a reversionary interest in Isambard Estates. The property comprised three buildings. Two were used as offices and the third as an archive facility. Clause 32.1.10 of the lease provided that for the purposes of rent review, the archive was to be valued at the same rate as the office buildings. In 1999, an arbitration award was issued which had to deal, inter alia, with the construction of this clause. In assessing market value, the arbitrator concluded that the lease provision was onerous and would cause a tenant to reduce his bid. Accordingly, the arbitrator made an allowance of five per cent. Another arbitrator was appointed subsequently in a second arbitral reference

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Publisher
Oxford University Press
Copyright
© Oxford University Press, 2009
Subject
Judgments
ISSN
2044-8651
eISSN
2044-9887
DOI
10.1093/alrr/2005.1.427
Publisher site
See Article on Publisher Site

Abstract

Historic Buildings and Monuments Commission for England v Isambard Estates Ltd 16 June 2007 Lewison J Chancery Division [2005] EWHC 3847 [2005] ArbLR 30 Arbitration award--Appeal--Question of law--Permission--Arbitrator construing lease provisions differently than arbitrator appointed in earlier reference--Whether error of law (no)--Whether to grant permission (no)-- Arbitration Act 1996, s 69 Arbitrator's refusal to follow earlier award not obviously wrong In 1995, Church Ward plc and the Secretary of State for the Environment concluded a lease which became vested in the Historic Buildings and Monuments Commission with a reversionary interest in Isambard Estates. The property comprised three buildings. Two were used as offices and the third as an archive facility. Clause 32.1.10 of the lease provided that for the purposes of rent review, the archive was to be valued at the same rate as the office buildings. In 1999, an arbitration award was issued which had to deal, inter alia, with the construction of this clause. In assessing market value, the arbitrator concluded that the lease provision was onerous and would cause a tenant to reduce his bid. Accordingly, the arbitrator made an allowance of five per cent. Another arbitrator was appointed subsequently in a second arbitral reference

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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