The applicant sought to overturn an arbitrator's decision assuming jurisdiction over a business dispute between co-tenants of a real estate development project.
The parties were deadlocked on whether the project should include a hotel component.
The arbitrator found he had jurisdiction under a broad arbitration clause.
The Superior Court of Justice held that the dispute was a non-legal business decision that did not arise under the agreement, as the agreement required unanimous decision-making and did not provide a standard of review for this type of dispute.
The court set aside the arbitrator's decision, finding he lacked jurisdiction.
