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