Abstract

Warborough Investments Ltd v S Robinson & Sons (Holdings) Ltd 10 June 2003 Clarke and Jonathan Parker LJJ Court of Appeal [2003] EWCA Civ 751 [2003] ArbLR 47 Arbitration award--Challenge--Serious irregularity--Right to be heard-- Arbitrator adopting approach not relied on by either party--Whether denial of party's opportunity to put its case (no)--Arbitration Act 1996, ss 33 and 68 Reaching conclusions different from those relied on by the parties, not serious irregularity An arbitrator adopted a valuation approach not advanced by either party in a rent review arbitration. The High Court dismissed Warborough's challenge to the award under ss 33 and 68.1 The court at first instance did not accept that an arbitrator acted in breach of s 33 obligations by `extracting from the submissions an alternative case'. Warborough appealed. Held: The appeal was dismissed. Although the arbitrator treated the materials before him in a manner different to the way in which they had been presented, the arbitrator did not breach the s 33 duty to afford parties an opportunity to present their case by not inviting further representations. The arbitrator relied on matters that had been put into the arena by the parties. Obiter: There was no substantial