The dispute between the Galway City Council and a construction company over the refurbishment of Eyre Square will have to go back to arbitration as a result of a Supreme Court decision today.
The City Council and the company, Samuel Kingston Construction Limited, entered into a contract in April 2004 to carry out works on the square for a sum of just over €6m.
The work was due to be completed in August 2005 but was delayed.
The dispute went to arbitration and the hearing took place over eight days in July 2007.
The Arbitrator, Geoffrey Hawker, found in favour of the construction company.
The Council went to the High Court to set aside the Arbitrator's award but the court rejected its claim.
However, the Supreme Court has overturned the High Court's decision and granted the City Council's appeal.
Mr Justice Donal O'Donnell found that the Arbitrator had ‘misconducted’ the arbitration.
Among his findings, he said that it appeared Mr Hawker fell asleep during the early days of the arbitration.
The judge ruled that if the parties could not resolve the dispute themselves, the arbitration would have to proceed with a new arbitrator.
