Arbitrators: removal for potential bias

Section 24(1)(a) of the Arbitration Act 1996 provides for the removal of an arbitrator by the court where circumstances exist that give rise to justifiable doubts as to his impartiality. The section may be triggered in two ways: where the arbitrator’s relationship with one or other of the parties is such that there is potential bias; and where the arbitrator’s conduct of the arbitration indicates that he is not treating the parties equally.

There are in practice very few situations which are sufficiently extreme to justify judicial intervention under section 24. Sierra Fishing Co v Farran [2015] EWHC 140 (Comm), a decision of Popplewell J, is one of them.