The test as to whether an arbitrator should declare an interest before adjudicating is the same as the test for a judge, namely whether there was any real danger that he was biased. The Act allowed a court to investigate whether a breach had occurred. Here the adjudicator had been a director of a company which had failed in a bid for the same contract out which arose the dispute at issue. The consensual nature of arbitration did not require a different test.
Judges:
Lord Woolf MR, Potter, May LJJ
Citations:
Times 23-May-2000, [2000] EWCA Civ 154
Links:
Statutes:
Arbitration Act 1996 23, International Chamber of Commerce Rules of Conciliation and Arbitration 1988
Jurisdiction:
England and Wales
Citing:
Appeal from – AT and T v Saudi Cable (No. 1) ComC 13-Oct-1999
Arbitrator – apparent or unconscious bias – non-executive director of company – whether Gough principle applies to arbitrators. . .
Lists of cited by and citing cases may be incomplete.
Arbitration, Natural Justice
Updated: 17 May 2022; Ref: scu.77933