This is an AI-generated summary of a selected monitored public legal source and may omit context. It is general information only, not legal advice, and is not a substitute for reading the source or consulting an attorney.
AI summary
The High Court dismissed an appeal against an order that had set aside an arbitration award on claim D and sent the matter to a new arbitrator. The judgment discusses the parties’ dispute about who was to pay for tyres, brake pads and brake discs under a bus operator agreement, and the court confirmed the revised referral order. The appeal was dismissed with costs on scale C, including the costs of two counsel.
This may be relevant to arbitration and public transport contracting disputes, particularly where claim interpretation and referral to a new arbitrator are in issue.
Evidence from source
1. The appeal is dismissed with costs on scale C, including the costs of two counsel.
Supports: The appeal outcome and costs order.
2. The order of the court a quo is confirmed, save that para 2 thereof is amended to read as follows: ‘ The determination of claim D (which for sake of clarity includes the respondent’s counterclaim) is referred to a new arbitrator.
Supports: The confirmed referral of claim D and the counterclaim to a new arbitrator.