Arbitration analysis: This judgment will be of particular interest to maritime arbitration practitioners, and also to those in arbitration more generally (both lawyers and arbitrators themselves). The Commercial Court has provided a detailed review of apparent bias and arbitral duties of disclosure in the context of the London maritime market, particularly London Maritime Arbitration Association (LMAA) arbitrations. The court has clarified the extent of a maritime arbitrator’s duties of disclosure, recognizing the London market practice for the same arbitrators to be appointed across multiple different disputes by the same appointing party. Given the practice is well known to those in this market, there is no duty of disclosure. The court has also underscored the difficulties of making out apparent bias: the threshold test is high and not easily met. The judgment reviews factors that the fair-minded observer would consider when considering whether there was a real possibility of bias. Written by Angharad Parry KC, barrister at Twenty Essex.
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