UKPC 6
Privy Council Appeal No 0088 of 2010
SANS SOUCI LIMITED (Appellant)
VRL SERVICES LIMITED (Respondent)
From the Court of Appeal of Jamaica
JUDGMENT DELIVERED BY
7 March 2012
Heard on 1 February 2012
Vincent Nelson QC
(Instructed by Myers, Fletcher & Gordon)
Richard Mahfood QC
Javan Herberg QC
Dr Lloyd Barnett
(Instructed by Charles Russell LLP)
"The appeal against the award of damages is allowed and the matter is remitted to the Arbitrators to determine the issue of damages only."
This order was perfected on 2 January 2009.
The appeal: the scope of the remission
"Whether or not expenses incurred by the Respondent were in fact 'unrecoverable', as claimed by the appellant in its Points of Defence, or reimbursable as contended by the Respondents, should have been determined by the arbitrators. The arbitrators were required to demonstrate in their award that they accepted that the expenses were 'unrecoverable', or alternatively payable by the Appellant. At its lowest, the arbitrators should have demonstrated that they considered the issue of 'unrecoverable expenses' as contended for by the Appellant."
No other matter is identified by the Court of Appeal as warranting a remission. Indeed, no other criticism was made of the way in which the arbitrators had dealt with damages.
"When... a Court remits an award to an arbitrator, it is not remitting a whole dispute, unless upon the terms of the order it expressly does so. It generally remits something narrower, and where it does so against the background of an arbitration which has already been defined by pleadings and argument before an arbitrator, it is some one or more of the issues as so defined within the scope of the reference that in general must be considered to be the subject matter of the remission."
The cross-appeal: Costs of the Proprietor's application to set aside or remit
The cross-appeal: the costs of the guarantee