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15 April 2016 / Khawar Qureshi KC
Issue: 7694 / Categories: Features , Commercial
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Umpires on sticky wickets

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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 as challenging arbitrators”

Repeat appointments

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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