Cases - Burkett Sharp & Co v Eastcheap Dried Fruit Co

Record details

Name

Burkett Sharp & Co v Eastcheap Dried Fruit Co

Date

(1961)

Citation

2 Lloyd's Rep. 80

Legislation

Arbitration Act 1950

Keywords

Party walls - Arbitration Act 1950

Summary

 

This case concerned whether an arbitrator had 'refused to act' for the purposes of section 7 of the Arbitration Act 1950. The defendant claimed that the arbitrator had refused to act and tried to appoint another arbitrator in their place. In fact, the arbitrator had refused to act as sole arbitrator in circumstances in which another arbitrator had been appointed. The judge therefore decided that this was not a refusal to act as arbitrator at all, but a refusal to act in a particular manner. It therefore did not amount to a refusal to act.