B & Anor v J & Ors [2020] EWHC 1373 (Ch) (28 May 2020)

B & Anor v J & Ors [2020] EWHC 1373 (Ch) (28 May 2020)

There is no evidence or reasonable inference that Mr F is biased or that circumstances give rise to justifiable doubts as to his impartiality. The grounds advanced are trivial, overlap, and lack substance. The parties knowingly nominated Mr F with full knowledge of his relationship to the family and companies. No...

Source-derived case information.

Citation
[2020] EWHC 1373 (Ch)
Parties
Claimant: B; Claimant: A; Defendant: J; Defendant: R; Defendant: A NIGERIAN COMPANY; Defendant: AN ENGLISH COMPANY; Defendant: A BVI COMPANY; Defendant: F
Jurisdiction
England and Wales
Judgment Date
28 May 2020
Procedural Posture
Application to Remove Arbitrator Under Arbitration Act 1996 / Judgment on Removal Application
Outcome
Application for removal of arbitrator refused
Legal Topics
Impartiality of Arbitrator, Apparent Bias, Freedom of Contract, Arbitrator as Witness
Arbitration Commercial Law Impartiality of Arbitrator Apparent Bias Freedom of Contract Arbitrator as Witness

Source-derived case record

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 6 Authorities cited 14 Party arguments 2
Sign in to unlock

Parties

B

Claimant

A

Claimant

J

Defendant

R

Defendant

A NIGERIAN COMPANY

Defendant

AN ENGLISH COMPANY

Defendant

A BVI COMPANY

Defendant

F

Defendant

Procedural Posture

Application to Remove Arbitrator Under Arbitration Act 1996 / Judgment on Removal Application

Legal Issues

  1. 1 Whether Mr F should be removed as arbitrator due to alleged lack of impartiality
  2. 2 Whether Mr F's prior employment and potential witness status create justifiable doubts as to impartiality

Ratio Decidendi

There is no evidence or reasonable inference that Mr F is biased or that circumstances give rise to justifiable doubts as to his impartiality. The grounds advanced are trivial, overlap, and lack substance. The parties knowingly nominated Mr F with full knowledge of his relationship to the family and companies. No actual or apparent bias is established. The application for removal is refused.

Court Disposition

Application for removal of arbitrator refused