TTMI Ltd of England v ASM Shipping Ltd of India
Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWHC 2666 (Comm), 23 November 2005. T chartered a vessel from A which arrived late at the nominated load port. When T claimed substantial losses, and A counterclaimed, the dispute was referred to an arbitrator, X. During the hearing, A discovered that X had previously been instructed by T's solicitors in a matter in which serious allegations had been made against M, one of A's witnesses. A objected to X's further participation, pointing out that the allegations against M in the previous case had included the production of fraudulent documents. X refused to stand down, arguing that the objection ought to have been made before M started to give evidence. A partial award was made. A argued that the award should be set aside on the grounds of bias. "Held" a party wishing to raise an objection to arbitration proceedings must do so as soon as it becomes aware of the issue in question. In view of the tight timescale involved, A had not waived its rights to object to possible bias by permitting M to give evidence. When X refused to stand down, however, A should have made an immediate application for his removal under the Arbitration Act 1996, s24. Instead, A had taken up the partial award that was made, although continuing to object by correspondence. By taking up the award, A had lost the right to object to X's continuance in the arbitration.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 133654-1001 |
[2005] EWHC 2666 (Comm), 23 November 2005. T chartered a vessel from A which arrived late at the nominated load port. When T claimed substantial losses, and A counterclaimed, the dispute was referred to an arbitrator, X. During the hearing, A discovered that X had previously been instructed by T's solicitors in a matter in which serious allegations had been made against M, one of A's witnesses. A objected to X's further participation, pointing out that the allegations against M in the previous case had included the production of fraudulent documents. X refused to stand down, arguing that the objection ought to have been made before M started to give evidence. A partial award was made. A argued that the award should be set aside on the grounds of bias. "Held" a party wishing to raise an objection to arbitration proceedings must do so as soon as it becomes aware of the issue in question. In view of the tight timescale involved, A had not waived its rights to object to possible bias by permitting M to give evidence. When X refused to stand down, however, A should have made an immediate application for his removal under the Arbitration Act 1996, s24. Instead, A had taken up the partial award that was made, although continuing to object by correspondence. By taking up the award, A had lost the right to object to X's continuance in the arbitration.