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Umpires on sticky wickets

15 April 2016 / Khawar Qureshi KC
Issue: 7694 / Categories: Features , Commercial
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Khawar Qureshi QC provides an update on recent accusations of arbitrator bias

While London remains the pre-eminent seat for international arbitration, it is vital that the fundamental requirements of fairness, expedition, cost effectiveness and finality are maintained and promoted by users, institutions and the courts. In this regard, as the author has remarked in previous articles, there are signs that parties are becoming more aggressive in questioning, as well as challenging arbitrators (see “A double act”, 159 NLJ 7368, p 667, “Time for change?” Pt 1, 163 NLJ 7582, p 13 and Pt 2, 163 NLJ 7583, p 14, and “A risky business?”, 165 NLJ 7643, p 11). This may well be a reflection of the erosion of trust in the process, and the perception that the arbitral process lends itself too easily to “clubbiness”. In any event, two decisions within weeks of each other illustrate the consistent approach of the English courts to challenges to arbitrators.

“There are signs that parties are becoming more aggressive in questioning, as well

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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