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• This agreement incorporates the Bylaws which set out the Association’s arbitration procedure …”
As Clause 5 of the Contract copied the third bullet-point above, the Contract was one which was made under the ICA’s Bylaws and Rules. Bylaw 102 provided that it was impermissible to contract out of Bylaw 201. Bylaw 201 had the effect of incorporating the bullet-points therein into the Contract and, since once of those bullet-points provided for invoicing back, the Contract had incorporated the invoicing-back rules.
arguments raised in the Respondent’s Notice, which were not raised before the first-tier tribunal.
'''Approach to issues of construction on an arbitration appeal - Questions of law, mixed fact and law and arbitral expertise'''
Mr Justice Hamblen made some helpful obiter comments summarising the correct approach to considering issues of construction on an arbitration appeal, particularly where the arbitral tribunal is composed of members with experience of the relevant trade (see paragraphs 43-58).
