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(1964) JELR 65160 (HC)

High Court  •  9 Jul 1964  •  Ghana



ARCHER J.: The applicants in this application seek an order o this court to set aside the award of the umpire in an arbitration on three grounds that is to say;

(a) The arbitrators did not deliver to any party to the arbitration or to the umpire a notice in writing that they could not agree in accordance with the provisions of section 12 (2) of the Arbitration Act, 19611

(b) The umpire who purported to enter on the reference in lieu of the arbitrators exceeded the terms of reference in making his award and misconstrued the provisions of the insurance policy regulating the relationship between the respondent and the applicants;

(c) The umpire in his award drew inferences which were not warranted by the evidence adduced at the arbitration. Alternatively the applicants ask that the award should be remitted to the umpire for his reconsideration.

On the first day of the hearing, preliminary objection was taken by learned counsel for the respondent on the ground that the application was out o…

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