A & Ors v B & Anor

A & Ors v B & Anor

The fair-minded and informed observer, knowing the facts and the conventions of the English legal profession, would not conclude that there was a real possibility of apparent or unconscious bias in the arbitrator's conduct. The late, inadvertent disclosure of involvement in related litigation did not amount to a serious irregularity causing substantial injustice under section 68 of the Arbitration Act 1996.

Parties
Claimants: A and Others; First Defendant: B; Second Defendant: X
Jurisdiction
England and Wales
Judgment Date
15 September 2011
Procedural Posture
Commercial Arbitration Challenge / Judgment on Application to Remove Arbitrator and Set Aside Partial Award
Outcome
Application dismissed
Legal Topics
Apparent Bias, Impartiality of Arbitrator, Disclosure Obligations, Serious Irregularity, Arbitration Act 1996
Arbitration Commercial Law Apparent Bias Impartiality of Arbitrator Disclosure Obligations Serious Irregularity Arbitration Act 1996

Case Brief

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Parties

A and Others

Claimants

B

First Defendant

X

Second Defendant

Procedural Posture

Commercial Arbitration Challenge / Judgment on Application to Remove Arbitrator and Set Aside Partial Award

Legal Issues

  1. 1 Whether circumstances existed giving rise to justifiable doubts as to the arbitrator's impartiality under section 24(1)(a) Arbitration Act 1996
  2. 2 Whether failure to disclose involvement in related litigation constituted a serious irregularity under section 68 Arbitration Act 1996

Ratio Decidendi

The fair-minded and informed observer, knowing the facts and the conventions of the English legal profession, would not conclude that there was a real possibility of apparent or unconscious bias in the arbitrator's conduct. The late, inadvertent disclosure of involvement in related litigation did not amount to a serious irregularity causing substantial injustice under section 68 of the Arbitration Act 1996.

Court Disposition

Application dismissed

Orders

  • Application to remove arbitrator and set aside partial award is dismissed