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08 March 2024
Issue: 8062 / Categories: Case law , In Court , Law digest
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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

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MOVERS & SHAKERS

Shakespeare Martineau—David Vaughan

Shakespeare Martineau—David Vaughan

Shakespeare Martineau appoints new London office head as firm continues investment in capital

Browne Jacobson—Kevin Moore

Browne Jacobson—Kevin Moore

Browne Jacobson strengthens All-Island life sciences platform with appointment of leading Galway MedTech lawyer

Clarke Willmott—Latitude Law

Clarke Willmott—Latitude Law

National law firm strengthens commercial offering with acquisition of leading immigration practice

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