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bias

Can an arbitrator or expert once appointed be removed?

Cases

    • CONTRACT - expert determination clause - general principles - expert's discretion regarding process of valuation
    • BIAS - expert determination clause - actual bias - heavy onus on party alleging bias - communications prior to formal appointment
    • BIAS - expert determination clause - apprehended bias - necessity for connection between relevant conduct and likelihood that decision-maker might not decide question on merits
    • BIAS - expert determination clause - apprehended bias - principle of apprehended bias will rarely apply to experts - policy and principle
    • PRACTICE & PROCEDURE - advisory opinion - theoretical issue - dispute not yet crystallised - not appropriate to determine
    • Challenge to remove arbitrator failed
1) [2012] NSWSC 578
2) [2011] EWHC 2345 (Comm)

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