ALDCROFT V THE INTERNATIONAL COTTON ASSOCIATION LTD

[2017] EWHC 642 (Comm), Queen's Bench Division, Commercial Court, David Foxton QC, 30 March 2017

Arbitration - Rules of International Cotton Association - Restriction on number of arbitrations permitted - Whether restriction valid - Restraint of trade

This was a challenge to the Rule of the International Cotton Association, in the following terms: "In order to avoid the perception of bias, impartiality or justifiable doubts an arbitrator may only accept up to and including three appointments for a party or related party to act as arbitrator from a claimant/appellant or respondent, per calendar year. An arbitrator should not be able to have more than 8 active first tier cases open at any one time". The claimant, a full-time arbitrator, challenged the rule on the ground that it was contrary to the doctrine of restraint of trade in that it unfairly restricted his ability to sit as an arbitrator.