IN RE AN ARBITRATION BETWEEN THE OWNERS OF STEAMSHIP "CATALINA" AND OTHERS AND THE OWNERS OF MOTOR VESSEL "NORMA."

(1938) 61 Ll L Rep 360

KING'S BENCH DIVISION.(DIVISIONAL COURT.)

Before Mr. Justice Charles and Mr. Justice du Parcq.

Arbitration - Arbitrator - Misconduct - Partiality-Motion for removal of arbitrator-Collision between Portuguese steamship Catalina and Norwegian motor vessel Norma off Ushant -Agreement by parties to arbitrate in England-Appointment of legal arbitrator-Hearing of arbitration- Evidence given by witnesses from each ship-Remarks made by arbitrator during course of hearing suggesting that he held preconceived views as to the general truthfulness of the nationality of witnesses on one side -Motion by owners of Catalina that arbitrator be removed-Jurisdiction of Court to remove arbitrator on ground of misconduct - Arbitration Act, 1889, Sect 11 (1)-Arbitration Act, 1934, Sect. 15.