English Court Removes Arbitrator Because He Did Not Possess Necessary Qualifications

English High Court removes arbitrator on the basis that he did not possess necessary qualifications

Herbert Smith Freehills review the English High Court’s decision in Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation [2017] EWHC 2753, where the Court considered an application under Section 24 of the Arbitration Act 1996 for the removal of an arbitrator on the basis that he did not satisfy the contractual stipulation as to relevant experience. The authors observe that this judgment is of particular interest given that questions of the removal of arbitrators do not often come before the courts (because they are, in institutional arbitration, typically decided by arbitral institutions so are not usually public).

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About Phillip Rompotis

Phillip practices as a barrister and arbitrator in Hong Kong. He has over 25 years’ litigation and arbitration experience in commercial disputes relating to construction & engineering, financial services, joint venture & shareholders agreements, technology, trusts, property and landlord & tenant. He is a Fellow of the Chartered Institute of Arbitrators, the Singapore Institute of Arbitrators, the Malaysian Institute of Arbitrators, and a member of various lists/panels of arbitrators.

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