British East Africa Corporation Limited v Kanji and Another
British East Africa Corporation Limited v Kanji and Another (Civil Appeal No. 16 of 1939) [1939] EACA 62 (1 January 1939)
The Court of Appeal held that the intention of the parties, as evidenced by the substitution of clause 17 for the standard arbitration clause, was to make the architect's assessment and certificate final and binding on all disputes, including extras and variations, except in cases of fraud or collusion. The architect's role was not that of a formal arbitrator but as an expert whose practical knowledge was to be applied to resolve disputes informally. The court found that the architect had duly considered both sides and exercised his judgment as required by the contract. The preliminary object…
Source excerpt
- Building Contracts
- Arbitration Clauses
- Architect Certification
- Finality Of Certificates
- Non Joinder Of Parties
- Contractual Dispute Resolution