The Gazette 1991

GAZETTE

NOVEMBER 1991

review in the strict sense of that term and in the specific meaning within Order 84, Rules of the Superior Courts. 21 International arbitration and lagislativa reform In general, the Superior Courts' role has been positive in supporting the arbitral process as an alternative to litigation. That is important in pro- moting a projected International Arbitration Centre in Ireland and specifically in Dublin. 22 Inter- nationally, however, there is a negative perception of procedures such as "case stated" and "error on the face of the award", as outlined in this article. At least in respect of international arbitrations which may be conducted in Ireland, legislative reform is required (in line with the Arbitration Act 1979, England & Wales) to abolish out- dated procedures in favour of a clear-cut but limited right of appeal of arbitral decisions to the High Court. Arbitrators should be facilitated in providing reasoned awards in line with international trends without fear of undue court interference because of technical errors on the face of awards. Other reforms are also desirable, e.g. as contained in the UNCITRAL model law, an optional code promoted by the United Nations and recently adopted in many jurisdictions including Scotland and Hong Kong. 23 Conclusion On the topic of the courts being increasingly supportive of arbi- tration, a commentator wonder- ed whether it was simply a matter of keeping pressure off the courts or whether there was informed awareness of the various alternatives to litigation in court. 24 In the "vivid but rather untactful phrase" of Denning J. "arbitrators are just as likely to be as right as judges, and probably more so." 25

References 1. A workshop on Arbitration, un- published proceedings, November 1990 at Law Society, Blackhall Place, Dublin 7. 2. An Act for Determining Differences by Arbitration, (1698) 9 & 10 William 111, chap. 3. 3. Arbitration Acts: 1954 No. 26, 1980 No. 7. 4. O'Fiynn -v- Bord Gáis Éireann 1 1982[ ILRM 324 High Court. O'Mahony & ors. -v- Lysaght [1988] IR 29 High Court, Williams -v- Artane Service Station Ltd. & Esso Teo. 1991 High Court. iTLR 14/10/91, ELR Vol. 2, No. 3, 1991. ILRM 12. 181. 5. McCarthy -v- Joe Walsh Tours, ex tempore judgment, High Court on appeal from Circuit Court. Article by Dr. J. White, A Fair Deal for the Holiday Consumer, (1991) 9 ILT. 6. Clean Fights at Less Cost, G. Flynn, Business & Finance, Vol. 27, No. 44, 29 August, 1991. 7. Keenan -v- Shield insurance Co. Ltd. [1988] IR 89 Spr. Ct. 8. Church & General insurance Co. Ltd. -v- Connolly & or., High Court, unreported 1980. 9. Russell on Arbitration 19thed. 1979 p.457. 10. McStay -v- Assicurazione Generali s.p.a. & or. [1989], IR 248 High Court & ITLR 31. 12. 1990 Supreme Court. 11. Absalom Ltd. -v- Great Western (London) Garden Village Society [19331 AC 592, 607. 12. Grangeford Structures Ltd. (in 909, 978; [1981] 1 AIIER 289. 14. Unione Stearinerie Lanza -v- Wiener [1917] 2 KB 558. 15. Bord na Móna -v- John Sisk & Son Ltd. Stephenson & or., High Court 1990 unreported, but see [ 1990] IR 85 re privilege and discovery. 16. Dublin & County Broadcasting Ltd. -v- Independent Radio & TV Commission, Radio 2000 & Capital Radio, High Court 1989. 17. Corrigan -v- Irish Land Commission [1977] IR327. 18. Rex -v- Rand( 1866) LR 1 QB 230. 19. Rex (Taverner) -v- Justices of Co. . Tyrone [1909] 2 IR 763, 768. 20. Haigh -v- London & North Western & Gt. Western Railway [ 1896] 1 QB 649. liquidation) -v- S. H. Ltd. [1988] ILRM 129, [1990] ILRM 277 & ITLR 18 Sept. 1989; J. CIARB (1990) 56. 13. Bremer Vulcan Schiffbau und Maschinenfabrik -v- South India Shipping Corporation [1981] AC

21. Law & Practice of Commercial Arbitration, Mustill & Boyd, 2nd. ed 1989, Butterworths. Article A.P. Quinn (1991 9 ILT). for International Arbitration, Anthony P. Quinn article in Business Contact, Dublin Chamber of Commerce, November 1991. 23. UNCITRAL Model Law, UN Vienna, and Redfern & Hunter, International Commercial Arbitration, Sweet & Maxwell, 1986. 24. Arbitration To-day, An Arbitrator's Response, W. R. Turner (1990) 56, Journal, Ch.lnst. of Arb. London. 25. Pioneer Shipping -v- BTP Tioxide (The Nema) [1980] Q.B. 547 & 564. General — Commercial Law in Ireland, Forde, Butterworth, 1990, chap. 10, pp 400-446 on arbitration. ' An t hony P. Quinn recently completed post-graduate study of Arbitration and International Arbitration Law at the Dublin Institute of Technology and has been admitted as a Fellow, Chartered Institute of Arbitrators. • Breslin & Associates 4 Fairbrook Terrace, Rathfarnham Dublin 14 Bookkeeping-Accountant with 8 years' experience in Solicitors' accounts will provide complete management package, client and office accounts, taxation submission. 22. Dublin-European Centre

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