Removal of arbitrator: apparent bias

Newcastle United Football Co Ltd v Football Association Premier League Ltd and Others [2021] EWHC 349 (Comm) is the first case to apply the guidance on arbitral bias given by the Supreme Court in Halliburton Co v Chubb Bermuda Insurance Ltd [2021] Lloyd’s Rep IR 1. As in Halliburton, the issue was whether there had been a failure by the arbitrator to disclose relevant information on appointment. In subsequent proceedings, Newcastle United Football Co Ltd v Football Association Premier League Ltd [2021] EWHC 450 (Comm), HHJ Pelling QC held that there was no privacy reason to refuse the release of the judgment.

Newcastle United: the facts