ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND

[2006] 1 Lloyd's Rep. 375

QUEEN’S BENCH DIVISION (COMMERCIAL COURT)

Before Mr Justice Morison

Arbitration - Application to set aside award - QC appointed as arbitrator - QC in earlier separate proceedings applied to court for disclosure order against key witness in arbitration - Arbitral panel subsequently refusing adjournment of proceedings when leading counsel unable to appear on scheduled date - Whether QC arbitrator potentially biased - Whether refusal of application amounting to actual bias - Whether bias waived - Arbitration Act 1996, sections 68 and 73.