Being seen to be done
Tugwell, A.
Being seen to be done - 2000 - Estates Gazette (0015) 15 April 2000, 150-151(2) .
Considers the duty of disclosure for an arbitrator. The CA decision in "Lockerbail (UK) Ltd v Bayfield Properties Ltd" (2000) 1 AllER 65 established criteria to identify potential conflicts of interest. The recent High Court decision "Save & Prosper Pensions Ltd v Homebase Ltd" unreported March 2000 ordered the removal of a rent review arbitrator because his firm was acting for a company connected with one of the parties. The court clarified the circumstances in which such a conflict of interest could arise; confirming the scope of any necessary checks and the need for arbitrators to take steps to ensure full and appropriate disclosure. Reviews RICS guidance on the point.
CONFLICTS OF INTEREST
LOCKERBAIL (UK) V BAYFIELD PROPERTIES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
DUTY OF DISCLOSURE
Being seen to be done - 2000 - Estates Gazette (0015) 15 April 2000, 150-151(2) .
Considers the duty of disclosure for an arbitrator. The CA decision in "Lockerbail (UK) Ltd v Bayfield Properties Ltd" (2000) 1 AllER 65 established criteria to identify potential conflicts of interest. The recent High Court decision "Save & Prosper Pensions Ltd v Homebase Ltd" unreported March 2000 ordered the removal of a rent review arbitrator because his firm was acting for a company connected with one of the parties. The court clarified the circumstances in which such a conflict of interest could arise; confirming the scope of any necessary checks and the need for arbitrators to take steps to ensure full and appropriate disclosure. Reviews RICS guidance on the point.
CONFLICTS OF INTEREST
LOCKERBAIL (UK) V BAYFIELD PROPERTIES
MANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION
DUTY OF DISCLOSURE