NEWSLETTER-2019-metin

179 ARBITRATION LAW Later on, C’s counsel requested further information concerning the nature and extent of the professional relationship between B and D. There were further correspondence between the parties and even- tually B called an arbitral hearing to determine whether the arbitral tribunal was “properly constituted”. B, in his decision, confirmed that the tribunal was properly constituted, and that he had no conflict of interest. Yet, C’s counsel requested B to recuse himself, and then ap- plied to the court pursuant section 24(1)(a) of the Arbitration Act 1996 for the removal of B. Section 24 Application The application for the removal of B was based on the grounds that there were circumstances that gave rise to justifiable doubt as to B’s impartiality. On 17 February 2016, Hamblen J., in his judgment 3 , concluded that the grounds for removal were made out in that they raised the real possibility of apparent bias. Upon this judgment, B resigned. After B’s resignation, and following a complaint from a third party, CIArb determined that disciplinary charges should be laid against B that included six charges against B, and he was referred to a disciplinary tribunal. CIArb then made two applications to the court: The first application relates to an order under CPR 5.4 C (2) 4 to obtain copies of the statements of case, witness statements, including exhibits and written submissions and skeleton arguments (together the “Documents”), from the court records in the proceedings of the Sec- tion 24 Application. In its second application, CIArb sought a declaration that (i) CIArb and B are entitled in the context of the disciplinary proceed- ings, to refer to and/or rely on the Documents and the circumstances of B’s nomination and appointment as arbitrator in matters concerning D, and that the (ii) use of such documents is in the public interest. 3 [2016] EWHC 240 (Comm) can be accessed at: https://www.bailii.org/ew/cases/ EWHC/Comm/2016/240.html (Access date: April, 2019). 4 CPR 5.4 C (2) reads as follows: “ A non-party may, if the court gives permission, obtain from the records of the court a copy of any other document filed by a party, or communication between the court and a party or another person .”