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Tag Archives: English law

Arbitrator bias: should we judge a book by its cover?

This blog post was first published on the Practical Law arbitration blog. Tribunals have a fundamental duty to act fairly and impartially under section 33(1)(a) of the English Arbitration Act (“AA 1996“). Where a party feels an arbitrator is failing in their duty, pursuant to section 24(1)(a) of the AA 1996: “A party to arbitral proceedings may… apply to the court to remove an arbitrator on any of the following grounds – that circumstances exist that give rise to justifiable doubts as to his impartiality…” English law stipulates a clear,

Legal advice privilege in England and the “closest connection” test

This blog post was first published on the Practical Law arbitration blog. English-seated arbitral tribunals have a great degree of flexibility in determining the applicable rules of privilege. Pursuant to sections 34(1) and 34(2)(d) of the Arbitration Act 1996 (“AA 1996“): “It shall be for the tribunal to decide all procedural and evidential matters, subject to the right of the parties to agree any matter”, including “whether any and if so which documents or classes of documents should be disclosed between and produced by the parties and at what stage.”