ASM SHIPPING LTD OF INDIA v TTMI LTD OF ENGLAND
[2007] Lloyd's Rep. Plus 6
COURT OF APPEAL
Before Sir Anthony Clarke MR, Lord Justice Rix, and Lord Justice Longmore
Arbitration – Apparent bias of QC umpire – Witness
previously accused of fraud by umpire in earlier proceedings – Witness allowed
to give evidence – No application to remove umpire – Subsequent challenge to
award – Judge holding that apparent bias made out but waived – Whether judge’s
decision a nullity – Whether judge in breach of European Convention on Human
Rights – Arbitration Act 1996, sections 24, 68 and 73.