Serious irregularity: reliance on arbitrator’s expertise

Navigator Spirit SA v Five Oceans Salvage SA (The Flag Mette) [2018] EWHC 1108 (Comm) was an appeal against a Lloyd’s Open Form appeal arbitration, alleging serious misconduct leading to an infringement of the rules of natural justice contrary to sections 33 and 68(2)(a) of the Arbitration Act 1996.

The allegation arose from the appeal arbitrator posing a scenario that had not been put to him by the parties, thereby raising questions as to whether such conduct was permissible and whether there was a duty on the arbitrator to ensure that counsel understood the point that was being made. On the facts there was held to be no transgression.