Arbitrators ruling ignored, what can I do?

[Donny462]

Hi, I'm unsure if this is in the right section, so please move if needed.
I have been in dispute with the Coal Authority re coal mining subsidence to my property, which is creating problems with my land flooding.
The Club next door has a chamber and pump installed by the CA to take away excess water. We took the CA to arbitration as we believed the pump and chamber to be inadequate for its purpose. The arbitrator agreed, and ruled that the CA install a bigger pump and chamber, to stop the flooding of my land.
The CA have not abides by the arbitrators ruling, and as a result, my land continues to flood!
I have contacted the CA regarding this issue, but they are ignoring me!
What can I do now please? My land is underwater every time it rains, as a result, my land is trashed and it is costing me a fortune to feed my stock as they cannot graze under water.
Please can anyone help me?
Thank you.

[Donny462]

Can anyone help me please?

[Donny462]

Amethyst could you direct me to anyone who could advise me please?

[des8]

Was there a written agreement, signed by both you and the CA agreeing that the dispute would be resolved by arbitration ?
The agreement should state to which jurisdiction & legal system it is subject.

To enforce the award you would claim breach of contract resulting from the CA's failure to comply with the terms of the award.
If there is no written agreement you will face an uphill struggle to prove a contract exists

[Donny462]

Was there a written agreement, signed by both you and the CA agreeing that the dispute would be resolved by arbitration ?
The agreement should state to which jurisdiction & legal system it is subject.

To enforce the award you would claim breach of contract resulting from the CA's failure to comply with the terms of the award.
If there is no written agreement you will face an uphill struggle to prove a contract exists

Hi des8

Thank you for your response, it is much appreciated.

The CA and myself couldn`t agree that my land had suffered Cola Mining Subsidence, so I was given the option by the CA of seeking arbitration under the Householders Scheme, via the Arbitration Act 1996, The Coal Authority Mining Subsidence (Arbitration Schemes) Regulations 1994.

I informed the CA I was taking the matter to arbitration, and they agreed it was the only way forward to sort the problem out, this is all documented.

IDRS instructed that an Independant Arbitrator be appointed by CEDR .

Upon the Arbitrators findings, both parties were bound by his decision, both parties agreed before the arbitration took place, that the Arbitrators decision was final, and was to be abided by.

The Arbitrator found in my favour that the pump and chamber at the Club next door were insufficient , and it was affecting my land, in that every time it rained for any amount of time, my land was being flooded, and that the Respondent, (the CA), should replace the pump and chamber with something able to do the job for which they were installed, properly. The CA have not completed the work ordered by the Arbitrator .

I am in possession of my own copy of the full Arbitrators Award, the conditions of arbitration to which both parties are bound, are quite clear in that Award, and the instructions for what work theArbitrator ordered be completed by the Respondent, i.e the CA.

I hope the above makes sense, but if you need any clarification on any points, please let me know.

Many thanks again .

[des8]

So you will need to initiate a claim to enforce the arbitrator's decision if CA are refusing to comply.

The procedures are contained in CPR 62 PART 62 - ARBITRATION CLAIMS - Civil Procedure Rules (justice.gov.uk)
and Practice Direction 62Practice Direction 62 - Arbitration Claims - The Civil Procedure Rules - Guidance - GOV.UK (www.gov.uk)

A warning letter to CA advising you will initiate a claim without further notice if they don't agree within 14 days a schedule for implementing the arbitrators award, together with an application for costs

[Donny462]

des8 thank you so much for your response. Apologies for not replying sooner , but for some reason I am not receiving notifications in my emails.

I will do as you advise, and will let you know the outcome.

Thank you once again.