ORC 9 April 1992. L were the employers of a major project, D were the architects and C were the main contractors. Completion was delayed and C made a substantial claim for loss and expense. After consideration a payment of £288,000 was made by L to C. C considered this insufficient and commenced arbitration against L. L issued proceedings against C and L claiming against C a declaration that they had no contractual right to any further extension of time or loss and expense and against D damages for negligence and an indemnity against any claims of C`s which might be successful. L gave notice of arbitration to D and suggested that the same arbitrator be used, D objected however the same one was appointed. D objected again. The arbitrator continued with the arbitration and requested points of defence and counterclaims. D claimed misconduct by the arbitrator as he would not or could not fairly determine the issues in the arbitration on the evidence and arguements before him and kept req