Sierra Fishing Company & Ors v Farran & Ors

Sierra Fishing Company & Ors v Farran & Ors

There are circumstances giving rise to justifiable doubts as to Mr Ali Zbeeb’s impartiality due to his legal and business connections with Dr Farran and Finance Bank, his involvement in drafting agreements now in dispute, and his conduct during the arbitration. The Claimants did not lose the right to object under s.73 as they did not take part in the proceedings without raising the objection forthwith when the relevant circumstances arose.

Parties
Claimant: Sierra Fishing Company; Claimant: Said Jamil Said Mohamed; Claimant: The Estate of Jamil Said Mohamed; Defendant: Hasan Said Farran; Defendant: Ahmad Mehdi Assad; Defendant: Ali Zbeeb
Jurisdiction
England and Wales
Judgment Date
30 January 2015
Procedural Posture
Arbitration Related Application / Judgment on Application for Removal of Arbitrator
Outcome
Application for removal of arbitrator granted
Legal Topics
Removal of Arbitrator, Impartiality and Independence of Arbitrators, Loss of Right to Object Under Arbitration Act, Apparent Bias
Arbitration Commercial Law Removal of Arbitrator Impartiality and Independence of Arbitrators Loss of Right to Object Under Arbitration Act Apparent Bias

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Parties

Sierra Fishing Company

Claimant

Said Jamil Said Mohamed

Claimant

The Estate of Jamil Said Mohamed

Claimant

Hasan Said Farran

Defendant

Ahmad Mehdi Assad

Defendant

Ali Zbeeb

Defendant

Procedural Posture

Arbitration Related Application / Judgment on Application for Removal of Arbitrator

Legal Issues

  1. 1 Whether circumstances exist giving rise to justifiable doubts as to the impartiality of the arbitrator under s.24(1)(a) Arbitration Act 1996
  2. 2 Whether the right to object to the arbitrator's appointment has been lost under s.73 Arbitration Act 1996

Ratio Decidendi

There are circumstances giving rise to justifiable doubts as to Mr Ali Zbeeb’s impartiality due to his legal and business connections with Dr Farran and Finance Bank, his involvement in drafting agreements now in dispute, and his conduct during the arbitration. The Claimants did not lose the right to object under s.73 as they did not take part in the proceedings without raising the objection forthwith when the relevant circumstances arose.

Court Disposition

Application for removal of arbitrator granted

Orders

  • Mr Ali Zbeeb is removed as arbitrator in the arbitration between the parties.