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Arbitration – Arbitrator. The parties contracted regarding the provision of a loan. A dispute arose and they sought to arbitrate. Concerns were raised as to the impartiality of the arbitrator, Z, and the claimants made an application to have Z removed as arbitrator. In allowing the application, the Commercial Court held that the connections and actions of Z raised justifiable doubts as to his ability to act impartially. Further, the claimants had not lost their entitlement to raise doubts about Z.
Arbitration – Arbitrator. The parties contracted regarding the provision of a loan. A dispute arose and they sought to arbitrate. Concerns were raised as to the impartiality of the arbitrator, Z, and the claimants made an application to have Z removed as arbitrator. In allowing the application, the Commercial Court held that the connections and actions of Z raised justifiable doubts as to his ability to act impartially. Further, the claimants had not lost their entitlement to raise doubts about Z.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
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Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
