This is the judgment of the Court.
This appeal raises issues of importance in relation to commercial arbitration law and practice. The specific issues upon which the judge gave permission to appeal may be summarised as follows:
- (1) Whether and to what extent an arbitrator may accept appointments in multiple references concerning the same or overlapping subject matter with only one common party without thereby giving rise to an appearance of bias.
- (2) Whether and to what extent he may do so without disclosure.
The second of those issues gives rise to the consideration of two further general issues, namely:
- (1) When should an arbitrator make disclosure of circumstances which may give rise to justifiable doubts as to his impartiality?
- (2) What are the consequences of failing to make disclosure of circumstances which should have been disclosed?