NEWCASTLE UNITED FOOTBALL CO LTD V THE FOOTBALL ASSOCIATION PREMIER LEAGUE LTD AND OTHERS

[2021] EWHC 349 (Comm), Queen’s Bench Division, Commercial Court, His Honour Judge Pelling QC, sitting as a High Court Judge, 24 February 2021

Arbitration – Application for removal of arbitrator – Apparent bias – Failure to disclose potential conflicts of interest on appointment – Privacy – Arbitration Act 1996, section 24 – CPR 62.10

The owner of NUFC wished to sell his shares to PZN, a company owned by PIF, a Saudi Arabian sovereign wealth fund. The rules of the Football Association Premier League Ltd (PLL) required it in specified circumstances to disqualify persons from acting as "director" of a member club and to refuse a change of control. On an application by NUFC for approval of the transfer, PLL issued a decision letter concluding that PIF was controlled by the Kingdom of Saudi Arabia (KSA), that KSA would become a director as defined by the rules, ie, that KFA would have control over NUFC. The decision letter did not deal with the further question whether KSA should be disqualified as director. NUFC disagreed and initiated arbitration on the meanings of "director" and "control".