Abstract

7 March 2003 Steel J Comm Ct [2003] EWHC 547 [2003] ArbLR 4 Arbitrator--Removal--Bias--Arbitrator providing one of the parties with a witness statement of fact in earlier arbitration--Whether risk of bias (no)--Arbitration Act 1996, s 24 Arbitrator who provided witness statement in earlier arbitration not removed for bias Argonaut Insurance and a number of other companies were underwritten by Weavers (Underwriting) Agencies Limited. In a large number of arbitrations, the Weavers stamp companies sought to recover/indemnities under both quota share and excess of loss insurance. One of the arbitrations was commenced against Republic Insurance who invited Mr Simons to become their party-appointed arbitrator. Mr Simons had been an underwriter with CNA for several years. In 1998, Mr Simons provided CNA with a witness statement in an arbitration in which CNA were respondents and the Weavers stamp companies were claimants. The dispute eventually settled. In the subsequent arbitration between Argonaut and Republic, Argonaut applied for the removal of Mr Simons because of his involvement in the previous matter. Held: The application was refused. Mr Simons produced the statement in the earlier arbitration in the capacity of a witness of fact, not a client or an expert. The vast bulk