Tools
ToolsFarah, Youseph and Oliveira, Leonardo (2025) Arbitrator's impartiality and English law: Is it time for a change. Lloyd's Maritime and Commercial Law Quarterly, 2025. pp. 103-129.
Preview |
PDF (Impartiality LMCLQ 2024)
- Accepted Version
Available under License Creative Commons Attribution. Download (408kB) | Preview |
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 |
| Related URLs: | |
| Depositing User: | LivePure Connector |
| Date Deposited: | 15 Aug 2024 16:30 |
| Last Modified: | 15 May 2026 13:04 |
| URI: | https://ueaeprints.uea.ac.uk/id/eprint/96257 |
| DOI: |
Downloads
Downloads per month over past year
Actions (login required)
 |
View Item |