Removal of an arbitrator: apparent bias

Allegations of apparent bias against an arbitrator are commonly made, albeit normally in the context of a challenge to an award for serious irregularity under section 68 of the Arbitration Act 1996. Very often the accusation is a makeweight. It is much rarer for a party to seek the removal of an arbitrator during the currency of proceedings based on the arbitrator's potentially biased conduct up to that point.

H1 and Another v W and Others [2024] EWHC 382 (Comm); [2024] 1 Lloyd's Rep 449 is one of the exceptional cases where an arbitrator was challenged and removed on the ground of apparent bias under section 24(1)(a) of the 1996 Act.