Winthorp Engineering & Contracting Ltd v. Cleary & Doyle Contracting Ltd [2011] IEHC 249 (22 June 2011)

High Court (Laffoy J) determines that dispute between parties was subject to an arbitration clause. (Full text.)

Arbitration – whether arbitrator had jurisdiction to determine dispute – whether binding arbitration clause in existence – building contractor – RIAI contract, 2002 edition – Construction Industry Federation sub-contract – dispute over moneys owed – Article 16(3) of the Model Law – whether works were outside nominated works covered by sub-contract – whether it was understood from trade between parties that arbitration clause governed their contract.

Anglo-Irish Banking Corporation v. Tolka Structural Engineering [2005] IEHC 239
A & B v. C & D [1982] 1 Lloyds Law Reports 166
Lynch Roofing Systems v. Bennett & Son Ltd. [1999] 2 I.R. 450
McCrory Scaffolding Ltd. v. McInerney Construction Ltd.[2004] 3 I.R. 592
British Crane Hire v. Ipswich Plant Hire [1975] 1 Q.B. 303

On-Site Welding Services Ltd v. Quinn Insurance Ltd [2011] IEHC 215 (23 May 2011)

High Court (Laffoy J) grants order extending time for reference to arbitration, subject to the condition that the applicant discharge the costs of the respondent of the application. (Full text.)

Arbitration – extension of time to refer dispute to arbitration – 45 of the Arbitration Act 1954 – s. 4(2) of the Arbitration Act 2010 – clause specifying that reference to be made within nine calendar months – jurisdiction of court to hear application – whether undue hardship would be caused if extension of time not granted – discretionary nature of jurisdiction – whether company would have assets to meet award of damages.

Walsh v. Shield Insurance [1976-7] ILRM 218
O’Sullivan v. Eagle Star Insurance Co. Ltd. [2006] IEHC 249

Hymany [Pontoon] Ltd -v- Galkil Ltd [2011] IEHC 188 (Laffoy J, 25 March 2011)

High Court dismisses application to set aside award of arbitrator. (Full text.)

Arbitration – application to set aside award – building contract – misconduct – whether arbitrator impartial – whether arbitrator failed to deal with all issues in dispute – whether arbitrator refused to consider evidence – whether conduct of arbitrator tainted award or rendered it unjust or unfair.

O’Sullivan v. Joseph Woodward & Sons Ltd. [1987] I.R. 255
Galway CC v. Kingston Ltd. [2010] 2 ILRM 348

FBD Insurance PLC -v- Connors [2011] IEHC 184 (Laffoy J, 14 March 2011)

High Court sets aside arbitration award, and finds that arbitrator should not have been joined to court proceedings. (Full text.)

Arbitration – enforcement of award – application to set aside award – whether Arbitration Act 2010 applied to relevant arbitration – refusal by arbitrator to adjourn hearing – arbitration in the absence of one party – misconduct – whether arbitrator should have been joined to High Court proceedings – costs.

Galway CC v. Kingston Ltd. [2010] 2 ILRM 348
Grangeford Structures Ltd. v. S.H. Ltd. [1990] 2 I.R. 351
Bremer Vulkan v. South India Shipping [1981] A.C. 909
Lennon and Harvey Ltd. v. Margaret Murphy and Brian Whelan [2004] IEHC 402
Redahan v. Minister for Education [2005] 3 I.R. 64

Coras Iompair Eireann v. Spencer Dock Development Co Ltd [2011] IEHC 185 (Laffoy J, 11 March 2011)

High Court dismisses an application for an order enforcing an arbitration award, on the grounds that the order sought did not arise directly from the award of the arbitrator. (Full text.)

Arbitration – enforcement of award – whether a new dispute – whether applicant entitled to particular percentage as additional rent arising from award of arbitrator – Article 8(1) of the Model Law.