ASM Shipping Ltd. v Harris & Ors

ASM Shipping Ltd. v Harris & Ors

The court found that there were no circumstances giving rise to justifiable doubts as to the impartiality of the two arbitrators. The applicants had not made a timely objection and had continued to participate in the proceedings, thereby losing the right to object under section 73 of the Arbitration Act 1996. The facts did not support removal for apparent bias, and the application was dismissed.

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, Section 24 Arbitration Act 1996, Section 73 Arbitration Act 1996
Arbitration Commercial Law Removal of Arbitrators Apparent Bias Waiver of Objection Section 24 Arbitration Act 1996 Section 73 Arbitration Act 1996

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 applicants are precluded from raising complaints due to waiver or delay under section 73 of the Arbitration Act 1996

Ratio Decidendi

The court found that there were no circumstances giving rise to justifiable doubts as to the impartiality of the two arbitrators. The applicants had not made a timely objection and had continued to participate in the proceedings, thereby losing the right to object under section 73 of the Arbitration Act 1996. The facts did not support removal for apparent bias, and the application was dismissed.

Court Disposition

Application dismissed