ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND
[2006] Lloyd's Rep Plus 18
QUEEN’S BENCH DIVISION COMMERCIAL COURT
Before Mr Justice Morison
Arbitration – Application to set aside award – QC
appointed as arbitrator – QC in earlier separate proceedings applied to court
for disclosure order against key witness in arbitration – Arbitral panel
subsequently refusing adjournment of proceedings when leading counsel unable to
appear on scheduled date – Whether QC arbitrator potentially biased – Whether
refusal of application amounting to actual bias – Whether bias waived –
Arbitration Act 1996, sections 68 and 73.