Arbitration
H1 and another v W and others [2024] EWHC 382 (Comm), [2024] All ER (D) 155 (Feb)
The Commercial Court held that W should be removed as arbitrator pursuant to section 24(1) of the Arbitration Act 1996 on grounds of apparent bias. The claimants (the insurer) had sought the removal of W, a British Film Institute nominated arbitrator, from his role in determining an insurance dispute. The insurer complained that statements made by W, concerning his knowledge of the insured’s factual and expert witnesses, give rise to an apprehension that he has pre-determined favourable views of those witnesses and pre-determined negative views of the insurer’s witnesses. It also complained about the inconsistency of explanations given by W as to the nature and extent of his relationships with the insured witnesses. The court held that the arbitrator had expressed a clear view that it was not necessary for them to be called because: ‘I know them all personally extremely well on the [insured’s] side.’ That was not an expression of a balanced and impartial view. The arbitrator’s duty was to determine the dispute fairly
