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Arbitrators who are not fit and proper persons

By: Series: Construction News ; (6694) 30 November 2000, 31(1)Publication details: 2000Subject(s): Summary: The range of circumstances under which an arbitrator can be removed from proceedings is wider than generally acknowledged. The courts have the power, under the Arbitration Act 1996 s24(1), to remove an arbitrator who has conducted himself or the abitration proceedings badly; it is essential that arbitrators allow the parties to be heard. The test for removal is objective and the appellant need not have suffered prejudice. The case Miller Construction Ltd v James Moore (Earthmoving) is used as an example where the arbitrator was dismissed for misconduct.

The range of circumstances under which an arbitrator can be removed from proceedings is wider than generally acknowledged. The courts have the power, under the Arbitration Act 1996 s24(1), to remove an arbitrator who has conducted himself or the abitration proceedings badly; it is essential that arbitrators allow the parties to be heard. The test for removal is objective and the appellant need not have suffered prejudice. The case Miller Construction Ltd v James Moore (Earthmoving) is used as an example where the arbitrator was dismissed for misconduct.