WSB v FOL (Re Arbitration Act 1996 and a JAMS Arbitration)

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MR T. ROBINSON appeared on behalf of the Claimant. MR J. BRIER appeared on behalf of the Defendant. ____________________

Indeed, that is the approach which the Commercial Court has essentially adopted in cases such as this since Males J gave that judgment.

The cure period is a defined term under clause 13, in particular, clause 13.8, which provides as follows:

It is important to remember that s.68 is " not to be used as a means of launching a detailed inquiry into the manner in which the arbitrator considered the various issues " and " it is axiomatic that the issue in any s.68 application is not whether the arbitrator reached the right conclusion " (see JD Wetherspoon Plc v Jay Mar Estates [2007] EWHC 856 at [9] per HHJ Peter Coulson QC (as he then was).