DCC 214/1998

The original dispute involved a request that an official receiver be appointed and the matter which involved the termination of a hotel lease be reference to arbitration. The key issue was whether appointing an official receiver was within the remit of the arbitrator. There was an arbitration agreement between the parties by it had covered a number of types of dispute but not specifically the appointment of a receiver. An arbitrator can cover the appointment of a receiver but only if that remit is specifically listed in the agreement.

Background