Impartiality Of Arbitrators

In the case of A & Others v B & Anr, [2011] EWHC 2345 (Comm), Mr Justice Flaux had to consider an application to remove a sole arbitrator and set aside an award for serious irregularity on grounds that there were justifiable doubts as to the arbitrator's impartiality.

The Facts

A dispute arose under a share sale and purchase agreement dated 26 July 2006 ("SPA") between the Claimant ("A") and First Defendant ("B"). On 31 March 2009 B commenced arbitration proceedings under the Rules of the London Court of International Arbitration ("LCIA"). The parties' solicitors agreed to appoint an appropriate QC to act as sole arbitrator (the "Arbitrator"). The Arbitrator had previously been instructed by both parties' solicitors in unrelated matters, once by A's solicitors (initially SJ Berwin, then White & Case) in 2005 and twice by B's solicitors (Dewey & LeBoeuf) in 1999 and 2004.

In respect of the Arbitrator's instruction from Dewey & LeBoef in 2004 this had resulted in unrelated litigation before the commercial court ("Y litigation"). The Y litigation settled in 2008 and was stayed under a Tomlin order. The partner with conduct of the Y...