B & Anor v J & Ors

B & Anor v J & Ors

There is no evidence or sufficient inference of actual or apparent bias on the part of Mr F. The grounds advanced are trivial, incidental, or unsupported. The parties expressly nominated Mr F as arbitrator with knowledge of his role and history, and there is no rule prohibiting his appointment in these circumstances. The application to remove Mr F as arbitrator is refused.

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
Arbitration Related Application / Judgment on Application to Remove Arbitrator
Outcome
Application to remove arbitrator refused
Legal Topics
Removal of Arbitrator, Impartiality and Bias, Freedom of Contract
Arbitration Contract Law Removal of Arbitrator Impartiality and Bias Freedom of Contract

Case Brief

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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

Arbitration Related Application / Judgment on Application to Remove Arbitrator

Legal Issues

  1. 1 Whether Mr F should be removed as arbitrator due to alleged lack of impartiality or apparent bias

Ratio Decidendi

There is no evidence or sufficient inference of actual or apparent bias on the part of Mr F. The grounds advanced are trivial, incidental, or unsupported. The parties expressly nominated Mr F as arbitrator with knowledge of his role and history, and there is no rule prohibiting his appointment in these circumstances. The application to remove Mr F as arbitrator is refused.

Court Disposition

Application to remove arbitrator refused

Orders

  • The application to remove Mr F as arbitrator is dismissed.
  • The parties are invited to agree an order.