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Pirtek (UK) Ltd v Deanswood Ltd and Anr

Pirtek (UK) Ltd v Deanswood Ltd and Anr 18 February 2005 Aikens J Commercial Court [2005] EWHC 2301 [2005] ArbLR 48 Arbitration award--Challenge--Jurisdiction--Arbitrator awarding damages for breach of contract--Arbitrator making subsequent order for post-award interest--Whether additional award made in time (no)--Whether parties agreed to extend time for additional award (no)--Whether arbitrator had jurisdiction to make additional award (no)--Arbitration Act 1996, ss 57 and 67 Arbitration proceedings--Time limits--Extension of time by the court-- Arbitrator making award of interest outside of statutory time limits for additional award--No application made to extend time--Whether to extend time (no)-- Arbitration Act 1996, s 79 Arbitrator without jurisdiction to order post-award interest Pirtek and Deanswood were parties to a franchise agreement. Disputes were referred to arbitration. The arbitrator issued an award on liability in 2002 followed by an award on quantum in 2003. The arbitrator's award of quantum contained no order for post-award interest. Pirtek's challenge of the award on ground of procedural irregularity was dismissed. The award remained unpaid and, in 2004, Deanswood applied to the arbitrator for a further award of simple interest on the principal amount awarded. The arbitrator issued an award of interest on the basis that he had the power to do so under Arts 3.1 and http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png Arbitration Law Reports and Review Oxford University Press

Pirtek (UK) Ltd v Deanswood Ltd and Anr

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

Pirtek (UK) Ltd v Deanswood Ltd and Anr

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

Abstract

18 February 2005 Aikens J Commercial Court [2005] EWHC 2301 [2005] ArbLR 48 Arbitration award--Challenge--Jurisdiction--Arbitrator awarding damages for breach of contract--Arbitrator making subsequent order for post-award interest--Whether additional award made in time (no)--Whether parties agreed to extend time for additional award (no)--Whether arbitrator had jurisdiction to make additional award (no)--Arbitration Act 1996, ss 57 and 67 Arbitration proceedings--Time limits--Extension of time by the court-- Arbitrator making award of interest outside of statutory time limits for additional award--No application made to extend time--Whether to extend time (no)-- Arbitration Act 1996, s 79 Arbitrator without jurisdiction to order post-award interest Pirtek and Deanswood were parties to a franchise agreement. Disputes were referred to arbitration. The arbitrator issued an award on liability in 2002 followed by an award on quantum in 2003. The arbitrator's award of quantum contained no order for post-award interest. Pirtek's challenge of the award on ground of procedural irregularity was dismissed. The award remained unpaid and, in 2004, Deanswood applied to the arbitrator for a further award of simple interest on the principal amount awarded. The arbitrator issued an award of interest on the basis that he had the power to do so under Arts 3.1 and

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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/2005.1.629
Publisher site
See Article on Publisher Site

Abstract

18 February 2005 Aikens J Commercial Court [2005] EWHC 2301 [2005] ArbLR 48 Arbitration award--Challenge--Jurisdiction--Arbitrator awarding damages for breach of contract--Arbitrator making subsequent order for post-award interest--Whether additional award made in time (no)--Whether parties agreed to extend time for additional award (no)--Whether arbitrator had jurisdiction to make additional award (no)--Arbitration Act 1996, ss 57 and 67 Arbitration proceedings--Time limits--Extension of time by the court-- Arbitrator making award of interest outside of statutory time limits for additional award--No application made to extend time--Whether to extend time (no)-- Arbitration Act 1996, s 79 Arbitrator without jurisdiction to order post-award interest Pirtek and Deanswood were parties to a franchise agreement. Disputes were referred to arbitration. The arbitrator issued an award on liability in 2002 followed by an award on quantum in 2003. The arbitrator's award of quantum contained no order for post-award interest. Pirtek's challenge of the award on ground of procedural irregularity was dismissed. The award remained unpaid and, in 2004, Deanswood applied to the arbitrator for a further award of simple interest on the principal amount awarded. The arbitrator issued an award of interest on the basis that he had the power to do so under Arts 3.1 and

Journal

Arbitration Law Reports and ReviewOxford University Press

Published: Jan 1, 2005

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