The following Arbitration practice note produced in partnership with Clifford Chance provides comprehensive and up to date legal information covering:
This Practice considers issues concerning the independence and/or impartiality of arbitrators in arbitral proceedings. Reference is made to the law of England and Wales, the Arbitration Act 1996 (AA 1996) and certain international arbitration rules. This Practice Note should be read in conjunction with Practice Note: Challenging the tribunal’s independence or impartiality.
The principle that a court of law should be independent and impartial is firmly embedded in all legal systems and major international human rights instruments. Similarly, it is a core principle of arbitration that arbitrators be independent and impartial of the parties to the arbitration at the time of appointment and for the duration of the proceedings. However, this principle exists in parallel to the peculiar characteristic in arbitration that the parties have the right to appoint an arbitrator of their choosing.
Arbitration rules and case law provide some clarity as to the considerations that an arbitrator should bear in mind in order to fulfil their duty of independence and impartiality and the circumstances in which an arbitrator should disclose facts and circumstances that may give rise to doubts as to the arbitrator’s impartiality or independence.
Under most leading institutional and ad hoc arbitration rules as well as national arbitration laws, a party’s choice of arbitrator may be rejected or challenged because that arbitrator is not independent or impartial. An arbitrator’s
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Private nuisancePrivate nuisance is an unlawful interference with a person's use or enjoyment of land or some right over or in connection with it. Interference must be unreasonable, and may be caused, eg by water, smoke, smell, fumes, gas, noise, heat or vibrations. Where the defendant has not
This Practice Note provides guidance on the interpretation and application of the relevant provisions of the CPR. Depending on the court in which your matter is proceeding, you may also need to be mindful of additional provisions—see further below.Note: this Practice Note does not deal with the
This Practice Note discusses the common law doctrine of privity of contract; the equitable and statutory exceptions to it; how the doctrine affects enforcing a contract against a third party and what happens when, notwithstanding the lack of privity, a contract has an indirect effect on a third
What is a third party debt order (TPDO)?Third party debt orders were previously known as 'garnishee' orders and operated under the regime provided for in CCR Ord 30 and RSC Ord 49 (now revoked). Although the rules in CPR 72 are new, many of the principles with which they are concerned are well
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