Subject-Matter Index

Appeals

leave to appeal

costs of leave. See Costs—costs of application for leave to appeal

court’s reasons for decision—not usually stated but brief reasons justified if unusual circumstances, e.g. explanation of change in test to be applied: Tostevin v. Newhouse (Royal Ct.), 2013 GLR 49

test to be applied—applicant to satisfy heavy burden that award “clearly wrong” and displace presumption in favour of upholding award—English decisions on Arbitration Act 1979 highly persuasive in interpreting Arbitration (Guernsey) Law 1982—required to show error of law substantially affecting rights of parties to arbitration agreement: Tostevin v. Newhouse (Royal Ct.), 2013 GLR 49

Award

clarification by arbitrators

arbitrator may clarify decision if request by both parties to whole panel—unless panel permitted to speak by simple majority, evidence clarifying award to be evidence of whole panel and not individual members’ affidavits containing subjective opinions—may contain evidence of substance of arbitration proceedings and which matters included in submissions, but not about deliberations or reasons for award: In re Brownstone Ins. (Guernsey) Ltd. (Royal Ct.), 2003–04 GLR N [33]

enforcement

no power to enforce by registration under Law Reform (Miscellaneous Provisions) (Guernsey) Law 1987, s.6, because registration limited to act or order of court, not of arbitrator: Wrench v. Albany Hotel Ltd. (Royal Ct.), 2007–08 GLR N [20]

extrinsic evidence

extrinsic evidence generally inadmissible to contradict or vary arbitration award and other judicial documents: In re Brownstone Ins. (Guernsey) Ltd. (Royal Ct.), 2003–04 GLR N [33]

stay of proceedings. See CIVIL PROCEDURE (Stay of proceedings)

Costs

costs of application for leave to appeal

normally treated as costs in appeal, unless parties disagree: Tostevin v. Newhouse (Royal Ct.), 2013 GLR 49

disproportionate size of award

if both sides found equally responsible for breakdown in neighbourly relations, and neither serious remedial action required nor large compensation awarded, award of nearly £90,000 costs caused court “very considerable surprise”—raises inference that arbitrator must have misdirected himself because no other explanation for such disproportionately large award: Tostevin v. Newhouse (Royal Ct.), 2013 GLR 49

enforcement

no power to grant leave for registration of anticipated costs order under Law Reform (Miscellaneous Provisions) (Guernsey) Law 1987, s.6—when award made, may apply under Arbitration (Guernsey) Law 1982, s.26 for order of enforcement “in same manner as judgment or order”: Wrench v. Albany Hotel Ltd. (Royal Ct.), 2007–08 GLR N [20]

Fraud. See Stay of proceedings—dispute involving fraud

Leave to appeal. See Appeals—leave to appeal

Panel of arbitrators. See Award—clarification by arbitrators

Stay of proceedings

discretion of court

although court to respect and enforce agreement to refer dispute to arbitration, may refuse to stay proceedings if arbitrator unable to order adequate remedy (e.g. eviction): Smith v. Atlantique Holdings Ltd. (C.A.), 2013 GLR 279

in exercise of discretion under Arbitration (Guernsey) Law 1982, s.4, court generally to allow application for stay of proceedings unless defendant shows good reason why dispute should not be referred to arbitration—pending application for summary judgment not enough: States v. Miller & Baird (C.I.) Ltd. (C.A.), 2005–06 GLR 295

dispute involving fraud

to justify stay under Arbitration (Guernsey) Law 1982, s.24(2) and allow court to adjudicate on dispute involving fraud, strict interpretation to be given to “fraud” as meaning “deceit” and involving dishonesty—mere allegation of “equitable fraud” insufficient—fraud to be clearly alleged and specifically pleaded: Ferbrache v. Kirk (Royal Ct.), 2007–08 GLR N [3]

stay of winding up. See COMPANIES (Compulsory winding up—stay of winding up)