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Arbitrators and Adjudicators: Impartiality and an Open Mind

Paper number

The Hon Mr Justice Anthony Edwards-Stuart

March 2017

The Technology and Construction Bar Association annual lecture given on 27th October 2016; also presented to a meeting of the Society of Construction Law in London on 4th October 2016

Examples of requirement of discloser - Case law: adjudication - Case law: arbitration - Predetermination - The relationship between the tribunal and counsel.

The paper looks at when and in what circumstances an arbitrator or adjudicator may have his or her impartiality called into question. Having considered published guidance on the conduct of arbitration and adjudication and the test for apparent bias, the author looks in particular at recent case law. In particular, in the context of adjudication: Fileturn v Royal Garden Hotel and Paice v Harding; and in the context of arbitration W v M Sdn Bhd and Cofely v Bingham and Knowles.

The author: Anthony Edwards-Stuart is a High Court judge and Judge in Charge of the Technology and Construction Court.

Text: 16 pages