header-logo header-logo

08 March 2024
Issue: 8062 / Categories: Case law , In Court , Law digest
printer mail-detail

Law digests: 8 March 2024

Arbitration

H1 and another v W and others [2024] EWHC 382 (Comm), [2024] All ER (D) 155 (Feb)

The Commercial Court held that W should be removed as arbitrator pursuant to section 24(1) of the Arbitration Act 1996 on grounds of apparent bias. The claimants (the insurer) had sought the removal of W, a British Film Institute nominated arbitrator, from his role in determining an insurance dispute. The insurer complained that statements made by W, concerning his knowledge of the insured’s factual and expert witnesses, give rise to an apprehension that he has pre-determined favourable views of those witnesses and pre-determined negative views of the insurer’s witnesses. It also complained about the inconsistency of explanations given by W as to the nature and extent of his relationships with the insured witnesses. The court held that the arbitrator had expressed a clear view that it was not necessary for them to be called because: ‘I know them all personally extremely well on the [insured’s] side.’ That was not an expression of a balanced and impartial

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
Material obtained through US discovery applications may have a much longer legal life than many litigants realise
English courts are developing a distinctly practical approach to sanctions disputes arising from Russia’s invasion of Ukraine
back-to-top-scroll