Irish Supreme Court Ruling Regarding Setting Aside an Award and the Removal of an Arbitrator
On 25 March 2010, the Supreme Court in Ireland delivered its judgment in the appeal against the High Court ruling which affirmed the arbitrator's award in Galway City Council v Samuel Kingston Construction. The arbitration concerned the redevelopment of Eyre Square in Galway City. Maples and Calder represented Galway City Council.
The judgment, which found entirely in favour of Galway City Council, provided that the courts should no longer take such a deferential approach to awards handed down by arbitrators. Instead, it was held that it was incumbent on the courts to intervene in arbitration in appropriate circumstances. The case is now the leading decision concerning the ability to challenge the award of an arbitrator. The judgment of the Supreme Court also provides a useful explanation of the current status of the law in relation to repudiation and the effect of an engineer/architect's certificate.
Please see the attached update for further information about this judgment.