Sierra Fishing Company & Ors v Farran & Ors [2015] EWHC 140 (Comm) (30 January 2015)

Sierra Fishing Company & Ors v Farran & Ors [2015] EWHC 140 (Comm) (30 January 2015)

There were multiple independent circumstances giving rise to justifiable doubts as to Mr Ali Zbeeb's impartiality, including his legal and business connections with Dr Farran and Finance Bank, his involvement in drafting agreements central to the dispute, and his conduct and communications during the arbitration and court proceedings. The Claimants did not take part in the arbitration without raising the objection forthwith once the relevant circumstances arose or became known, and thus did not lose the right to object under s.73 Arbitration Act 1996.

Citation
[2015] EWHC 140 (Comm)
Parties
First Claimant: SFC; Second Claimant: Mr Said Mohamed; Third Claimant: Estate of late father of Mr Bassem Jamil Said Mohamed and Mr Said Mohamed; First Defendant: Dr Farran; Second Defendant: Mr Assad; Third Defendant / Arbitrator: Mr Ali Zbeeb
Jurisdiction
England and Wales
Judgment Date
30 January 2015
Procedural Posture
Application for Removal of Arbitrator / Judgment on Application Under S.24(1)(a) Arbitration Act 1996
Outcome
Application for removal of Mr Ali Zbeeb as arbitrator granted.
Legal Topics
Removal of Arbitrator, Impartiality and Independence of Arbitrator, Loss of Right to Object Under S.73 Arbitration Act 1996
Arbitration Commercial Law Removal of Arbitrator Impartiality and Independence of Arbitrator Loss of Right to Object Under S.73 Arbitration Act 1996

Case Brief

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Parties

SFC

First Claimant

Mr Said Mohamed

Second Claimant

Estate of late father of Mr Bassem Jamil Said Mohamed and Mr Said Mohamed

Third Claimant

Dr Farran

First Defendant

Mr Assad

Second Defendant

Mr Ali Zbeeb

Third Defendant / Arbitrator

Procedural Posture

Application for Removal of Arbitrator / Judgment on Application Under S.24(1)(a) Arbitration Act 1996

Legal Issues

  1. 1 Whether circumstances exist giving rise to justifiable doubts as to Mr Ali Zbeeb's impartiality under s.24(1)(a) Arbitration Act 1996
  2. 2 Whether Claimants have lost the right to object under s.73 Arbitration Act 1996

Ratio Decidendi

There were multiple independent circumstances giving rise to justifiable doubts as to Mr Ali Zbeeb's impartiality, including his legal and business connections with Dr Farran and Finance Bank, his involvement in drafting agreements central to the dispute, and his conduct and communications during the arbitration and court proceedings. The Claimants did not take part in the arbitration without raising the objection forthwith once the relevant circumstances arose or became known, and thus did not lose the right to object under s.73 Arbitration Act 1996.

Court Disposition

Application for removal of Mr Ali Zbeeb as arbitrator granted.

Orders

  • Mr Ali Zbeeb is removed as arbitrator under s.24(1)(a) Arbitration Act 1996.