Commentary

28.3 Arbitrator does not possess the qualifications required by the arbitration agreement

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

28.3 Arbitrator does not possess the qualifications required by the arbitration agreement

| Commentary

28.3 Arbitrator does not possess the qualifications required by the arbitration agreement1

The Arbitration Act 1996 does not stipulate any qualifications for arbitrators. The qualifications referred to in this ground are the qualifications specified by the parties in their arbitration agreement or otherwise agreed by contract. In Continental Grain Co v China Petroleum Technology & Development Corporation2 a party sought to challenge an arbitrator on the basis that he was not legally qualified. The court dismissed the challenge, since there was no contractual basis for the party’s expectation that the arbitrator should be legally qualified.

Where the parties

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