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Lloyd's Maritime Law Newsletter

Fletamentos Maritimos SA v Effjohn International BV (No 2) - Court of Appeal (Simon Brown, Morritt and Waller LJJ) - 21 February 1997

Arbitration - Allegation of bias against arbitrator -Whether umpire should be removed for being tainted with alleged bias of arbitrator

Disputes arose between the applicant (“Marflet“) and the respondent (“Effjohn“) under a joint venture agreement. The disputes were referred to arbitration. Marflet appointed as their arbitrator Mr Bruce Harris and Effjohn appointed Mr Mark Hamsher. Those arbitrators (in case of disagreement) wished to appoint Mr Michael Howard QC as an umpire whom they thought it would be desirable to have present at the hearings.

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