IN RE AN ARBITRATION BETWEEN THE OWNERS OF STEAMSHIP "CATALINA" AND OTHERS AND THE OWNERS OF MOTOR VESSEL "NORMA."

(1938) 61 Ll.L.Rep. 360

KING'S BENCH DIVISION.(DIVISIONAL COURT.)

Before Mr. Justice Charles and Mr. Justice du Parcq.

Arbitration - Arbitrator - Misconduct - Partiality-Motion for removal of arbitrator-Collision between Portuguese steamship Catalina and Norwegian motor vessel Norma off Ushant -Agreement by parties to arbitrate in England-Appointment of legal arbitrator-Hearing of arbitration- Evidence given by witnesses from each ship-Remarks made by arbitrator during course of hearing suggesting that he held preconceived views as to the general truthfulness of the nationality of witnesses on one side -Motion by owners of Catalina that arbitrator be removed-Jurisdiction of Court to remove arbitrator on ground of misconduct - Arbitration Act, 1889, Sect 11 (1)-Arbitration Act, 1934, Sect. 15.