The risk of an arbitrator being removed for failing to disclose a matter that could cast doubt upon his impartiality is explored by Andrew Tugwell, of Nabarro Nathanson, in
Applying the lessons to be learned from cases concerning judges, notably Lockerbail (UK) Ltd v Bayfield Properties Ltd [2000] 1 All ER 65, Andrew points out, among other things, that whether the substance of any disclosure amounts to a conflict depends upon whether a reasonable man with no specialist knowledge would find a real possibility of bias. The article concludes with a useful summary of Save & Prosper Pensions Ltd v Homebase [2001] L&TR 11 and its implications for the RICS.
The risk of an arbitrator being removed for failing to disclose a matter that could cast doubt upon his impartiality is explored by Andrew Tugwell, of Nabarro Nathanson, in Being seen to be done Estates Gazette 15 April 2000, p150.
Applying the lessons to be learned from cases concerning judges, notably Lockerbail (UK) Ltd v Bayfield Properties Ltd [2000] 1 All ER 65, Andrew points out, among other things, that whether the substance of any disclosure amounts to a conflict depends upon whether a reasonable man with no specialist knowledge would find a real possibility of bias. The article concludes with a useful summary of Save & Prosper Pensions Ltd v Homebase [2001] L&TR 11 and its implications for the RICS.
