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Qualifications of arbitrators: apparent bias

Arbitration Law Monthly

Qualifications of arbitrators: apparent bias

Under section 24 of the Arbitration Act 1996 an arbitrator can be removed for the court if there are justifiable doubts as to his impartiality. In Cofely Ltd v Bingham and Another [2016] EWHC 240 (Comm) that fate befell a highly-respected construction arbitrator and adjudicator who had not conducted the arbitration in any form of partial fashion but who had sufficient links with one of the parties to give rise to the necessary doubts. It may be that the main issue in this type of case is not partiality but lack of transparency.

Lack of impartiality

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