Uniform Construction Limited v Limerick City Council
Citation: 1 IR 30
Nature of case:
Pursuant to arbitration proceedings between the parties, Limerick sought to set aside the arbitrator’s award on grounds of misconduct pursuant to s. 38(1) of the Arbitration Act 1954; and to remit certain matters for reconsideration of the arbitrator pursuant to s. 36(1) of the Arbitration Act 1954. Limerick claimed that the arbitrator manifestly applied an incorrect test in determining Uniform’s “persistent breach” under the contract. The court found that the arbitrator applied the appropriate test, there was no error of law and he did not therefore apply a test upon which Limerick did not have an opportunity of being heard.
