- Court of Session refuses leave to appeal arbitration decision based on legal error regarding design responsibility (Arbitration Appeal No 1 of 2021)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Construction analysis: The appellants argued that an arbitrator’s decision concerning a contract for work on a water mains contained legal errors and that they should be granted leave to appeal under sections 69 and 70 of the Arbitration (Scotland Act) 2010 (A(S)A 2010). The Outer House of the Court of Session rejected the application and in doing so emphasised that the threshold for such appeals is high as the arbitrator must have been ‘obviously wrong’. In addition, the court made some helpful observations regarding the principles of contractual interpretation and the Scots law doctrine of personal bar. Written by Alastair Walls, legal director and solicitor advocate at Pinsent Masons.
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