DAR IMAN LIMITED V CLASICO BUILDERS (K) LIMITED

RATIONALE

In determining this matter, the court stated that whether the arbitrator was right or wrong in his approach on the issue is not within the province of the court hearing an application to set aside an award under section 35 of the Arbitration Act since it cannot intervene merely because it would have reached a different conclusion from the Arbitrator who ruled that the claim was properly before the tribunal. Further, since the Respondent’s application for enforcement was not opposed on substantive grounds, the Court did not see any reason why the Respondent’s application should not be allowed.

CASE RELEVANCE

For a party to succeed in showing that matters objected are outside the scope of the reference to arbitration, the application must show beyond doubt that the Arbitrator has gone on a frolic of his own to deal with matters not related to the subject matter of the dispute. The Court cannot intervene in a matter simply because it would have reached a different conclusion.