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 |
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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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