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Arbitrator – Appointment. Multiple arbitrations took place in a construction dispute. The claimants sought to enforce the fourth arbitration. The defendant submitted that there had been an appearance of bias on the part of the adjudicator, S. The Technology and Construction Court held that a fair-minded observer would have concluded that the failure to disclose certain conversations had given rise to the real possibility that S had been biased. Further, on the evidence, the defendant had not waived his right to allege apparent bias.
Arbitrator – Appointment. Multiple arbitrations took place in a construction dispute. The claimants sought to enforce the fourth arbitration. The defendant submitted that there had been an appearance of bias on the part of the adjudicator, S. The Technology and Construction Court held that a fair-minded observer would have concluded that the failure to disclose certain conversations had given rise to the real possibility that S had been biased. Further, on the evidence, the defendant had not waived his right to allege apparent bias.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
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