Arbitration analysis: Industry context is important when considering arbitrator bias. In this case, the court dismissed a challenge to a trade association arbitration award brought on the grounds that the chair of the arbitral appeal board had failed to make disclosures relating to contact with the defendant and other members of the trade association in a professional category giving rise to apparent bias. It held that in the context of a relatively small commodities market where traders and the trade association arbitrators were likely to know others in the market, a fair-minded and informed observer would not conclude there was a real possibility of bias. The judge also considered guidance on when apparent bias will amount to substantial injustice so as to constitute serious irregularity under section 68(2)(a) Arbitration Act 1996 (AA 1996) and the loss of the right to object under AA 1996, s 73. Written by Emma Skakle, partner and Hayley Flood, associate...
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A guide to the Arbitration Act 1996 (AA 1996)For parties and lawyers conducting arbitration proceedings seated in England and Wales or Northern Ireland (England is used here as a convenient shorthand) and/or seeking enforcement of domestic or international awards in English and Welsh courts,
AA 1996—challenging and appealing arbitral awards in the English courtGrounds of challenge or appeal against arbitration awardsAn arbitral award can be challenged or appealed under the Arbitration Act 1996 (AA 1996) only on limited grounds; this is consistent with the Act’s overall purpose to ensure
Letter to arbitrator confirming party appointment[Insert the arbitrator’s name, address and any reference he/she has requested be used][By email and by post][Insert date]Dear [insert name of arbitrator][Insert name of arbitration]We refer to our telephone conversation [earlier today or as
Arbitration agreements—the doctrine of separability (England and Wales)This Practice Note considers the doctrine of separability under the law of England and Wales (England and English are used as shorthand throughout). This Practice Note should be read in conjunction with Practice Note:
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