382 / 462
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
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
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.
21.
Law & Practice of
Commercial
Arbitration,
Mustill & Boyd, 2nd. ed
1989, Butterworths. Article A.P.
Quinn (1991 9 ILT).
22.
Dublin-European
Centre
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.
Contact
Anne Breslin
Telephone: 933069
YOUR WILL
can help
Adreen Cheshire Home
Shillelagh
For donations and further
particulars contact:
Jarlath Tunney
or
Margaret Warren
Ardeen, Shillelagh, Co. Wicklow.
Tal:(055) 29143 Fax :(055) 29170
364