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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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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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