338. Abuse or excess of jurisdiction by certifier.

A certifier must act impartially1. It is possible for a certificate to be attacked on the ground that the certifier did not give the parties an equal opportunity of being heard2. While the certifier can use the assistance of others in deciding whether or not he can issue a certificate, the decision must be his own and not that of an assistant3.

The certifier abuses his powers if he persistently refuses to certify4 or if he expressly refuses to come to a decision on a matter over which he has jurisdiction by virtue of the contract5, and in these circumstances