International Arbitration: Rent Review Case Analysis

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International Arbitration
Name of Student-
Name of University-
Author note-

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Table of Contents
Situation analysis.............................................................................................................................4
Answer (a).......................................................................................................................................4
Answer (b).......................................................................................................................................5
Conclusion.......................................................................................................................................6
References........................................................................................................................................7

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Situation analysis
The given situation is regarding a rent review arbitration case. In this case, both the
parties agreed to appoint an arbitrator for fixing a fair market rent. For such purpose, the
arbitrator decided to inspect the property alone, which was agreed upon by both parties. The
arbitrator, therefore, for inspection, visited the building, where he was escorted by the caretaker.
While inspecting, the caretaker commented that previously a civil engineer inspected the
building and stated that the foundations were dangerous and he was preparing a report on that for
the landlord. The arbitrator did not respond to this comment and he went back to office after
inspection.
Answer (a)
In arbitration, an arbitrator is appointed by the parties, by virtue of an arbitration clause
for resolving any issues between the parties. An arbitrator, after determining the issue, gives an
award, which is legally binding, against which no appeal is permissible in court. Under the
Arbitration (Scotland) Act, 2010, there are certain founding principles of arbitration, one of
which states that in arbitration, a dispute must be resolved fairly, impartially and without any
unnecessary delay or expense1. According to the Act, the arbitrator’s work is to collect
evidences from the claimant and the respondent both and decide the case accordingly2. In
consumer cases, the arbitrator can even visit places for inspecting goods and services or visit
properties for the same purpose. Moreover, the functions, duties and powers of an arbitrator must
1 Merkin, Robert, and Louis Flannery. Arbitration Act 1996. CRC Press, 2014.