Arbitrator's Impartiality and English Law: Is it time for a Change

Farah, Youseph and Oliveira, Leonardo (2024) Arbitrator's Impartiality and English Law: Is it time for a Change. Lloyd's Maritime and Commercial Law Quarterly. (In Press)

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Abstract

The English Court employs the fair-minded observer to assess whether there was a real possibility that the arbitrator was biased. The Supreme Court in Magill v. Porter claimed that by adopting the fair-minded observer the English test will conform with Article 6 of the ECHR. This Article shows that the fair-minded may in fact struggle to conform to Article 6, and advocates that the reasonable person construct is a better construct to achieve this objective. We show that as a matter of principle and practice there is no reason for England to adopt a test which diverges with international practice

Item Type:	Article
Faculty \ School:	Faculty of Social Sciences > School of Law
UEA Research Groups:	Faculty of Social Sciences > Research Groups > International Law
Depositing User:	LivePure Connector
Date Deposited:	15 Aug 2024 16:30
Last Modified:	15 Aug 2024 16:30
URI:	https://ueaeprints.uea.ac.uk/id/eprint/96257
DOI:

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