| 000 | 01911cab a2200217 4500 | ||
|---|---|---|---|
| 001 | ##L134373 | ||
| 008 | 060801n2006 000 0 eng u | ||
| 035 | _a(Sirsi) u134373 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 | _aNorbrook Laboratories Ltd v A Tank (1) Moulson Chemplant Ltd (2) |
| 260 | _c2006 | ||
| 520 | _a[2006] EWHC 1055 Comm, 12 May 2006. Application by N for the removal of T, an arbitrator, and for an order setting aside his decisions. T was appointed under the short procedure arbitration rules of the Institution of Chemical Engineers to resolve a dispute between N and M. N expressed concern about a number of T's actions, in particular his direct contact with witnesses, one of whom N believed was likely to be hostile because of a separate matter. N gave notice to terminate the short procedure. T awarded M's costs against N. N argued that it had suffered substantial injustice, both because there were doubts about T's impartiality, and because his conduct amounted to a serious irregularity. "Held": T's conduct in contacting witnesses directly amounted to a failure to conduct the proceedings properly, such that a fair-minded and informed observer would conclude there was a real possibility of bias. For that reason, his decisions had to be set aside, and T removed as arbitrator. Apart from this, T's decisions and actions did not disclose serious irregularity. The application was granted. | ||
| 590 | _aIKA010806 | ||
| 650 | 2 | 4 | _aNORBROOK LABORATORIES LTD V A TANK AND ANOTHER |
| 650 | 2 | 4 | _aARBITRATION ACT 1996 S24 |
| 650 | 2 | 4 | _aARBITRATION ACT 1996 S68 |
| 651 | 4 |
_aEngland and Wales _y1543- |
|
| 690 | _aMANAGEMENT-DISPUTE AVOIDANCE, MANAGEMENT AND RESOLUTION-DISPUTE MANAGEMENT AND RESOLUTION-ARBITRATION-ARBITRATORS | ||
| 856 | 4 | 1 |
_uhttps://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Comm/2006/1055.html _zView the item free of charge at www.bailii.org... |
| 942 | _n0 | ||
| 999 |
_c77489 _d77489 |
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