ELSPAN INTERNATIONAL LTD V. EUROCOPTER INTERNATIONAL PACIFIC
LIMITED  NSWCA 418
NSW Court of Appeal – 1 December 1999
Markham was the arbitrator of a building dispute between Elspan and Eurocopter.
Elspan claimed that the arbitrator’s award should be set aside on the ground that the arbitrator was guilty of misconduct. The alleged misconduct by Markham included a delay in making the award and giving unsatisfactory reasons for the delay in making the award.
The other ground for an allegation that Markham was guilty of misconduct was that he had made findings on points on which the director of Elspan had not been cross-examined about or informed were at dispute between the parties.
Did the conduct of Markham amount to misconduct and if there was misconduct should the Court set aside his award?