- Case of apparent bias against arbitrator made out (Cofely v Bingham & Anor)
- Practical implications
- Construction disputes
- Other things to consider
- Parties and dispute
- Appointment of Mr Bingham
- Concerns of apparent bias
- The AA 1996, s 24 application—what grounds were advanced?
- What is the relevant law and guidance?
- What did the judge decide?
- Grounds 1–5
- What was the effect of any perceived delay?
- Case details
Arbitration analysis: In a judgment of note, Hamblen J in the Commercial Court upheld the claimant’s application under section 24(1)(a) of the Arbitration Act 1996 (AA 1996) for the dismissal of an arbitrator on grounds that circumstances existed that gave rise to justifiable doubts as to his impartiality. The decision will be of interest to practitioners in the fields of both arbitration and adjudication, including those following the repercussions of the decision of Ramsey J in Eurocom Ltd v Siemens Plc.
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