ASM Shipping Ltd. v Harris & Ors [2007] EWHC 1513 (Comm) (28 June 2007)

ASM Shipping Ltd. v Harris & Ors [2007] EWHC 1513 (Comm) (28 June 2007)

The court held that the claimants failed to establish circumstances giving rise to justifiable doubts as to the impartiality of the two arbitrators. The claimants' objections were either not substantiated or had been waived by their failure to raise them promptly. The conduct of the arbitrators did not amount to apparent bias, and section 73 of the Arbitration Act 1996 precluded the claimants from raising objections based on matters known to them before 29 December 2005.

Citation
[2007] EWHC 1513 (Comm)
Parties
Claimant: ASM Shipping Limited; Defendant: Bruce Harris & ors.; Respondent: TTMI Shipping Ltd.
Jurisdiction
England and Wales
Judgment Date
28 June 2007
Procedural Posture
Application Under Section 24 of the Arbitration Act 1996 / Judgment on Application for Removal of Arbitrators
Outcome
Application dismissed
Legal Topics
Removal of Arbitrators, Apparent Bias, Waiver of Objection, Arbitration Procedure
Arbitration Commercial Law Removal of Arbitrators Apparent Bias Waiver of Objection Arbitration Procedure

Case Brief

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Parties

ASM Shipping Limited

Claimant

Bruce Harris & ors.

Defendant

TTMI Shipping Ltd.

Respondent

Procedural Posture

Application Under Section 24 of the Arbitration Act 1996 / Judgment on Application for Removal of Arbitrators

Legal Issues

  1. 1 Whether circumstances exist giving rise to justifiable doubts as to the impartiality of the two remaining arbitrators under section 24(1)(a) of the Arbitration Act 1996
  2. 2 Whether the claimants are precluded from raising complaints about the arbitrators due to waiver or delay under section 73 of the Arbitration Act 1996

Ratio Decidendi

The court held that the claimants failed to establish circumstances giving rise to justifiable doubts as to the impartiality of the two arbitrators. The claimants' objections were either not substantiated or had been waived by their failure to raise them promptly. The conduct of the arbitrators did not amount to apparent bias, and section 73 of the Arbitration Act 1996 precluded the claimants from raising objections based on matters known to them before 29 December 2005.

Court Disposition

Application dismissed

Orders

  • The application for removal of the two arbitrators under section 24 of the Arbitration Act 1996 is dismissed.