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The position adopted by the Respondent is set out below (see paragraph 69 of Mr Justice Hamblen’s judgment).
• The reference in Clause 5 of the Contract to “Bylaws” in the sentence “[t]his agreement incorporates the Bylaws which set out the Association’s Arbitration procedure”, was merely short-hand for the ICA’s Bylaws and Rules as a whole;.
• The ICA’s Bylaws and Rules are contained in a single rule book and had the parties intended to incorporate only one part of those Rules (i.e. Section 3 on Arbitration), they would have said so in clear terms.
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).
