Mock exam – arbitrator's characteristics

As understand it, an arbitrator must be independent, unbiased and objective.

Ideally, they will also be qualified but, as I further understand, if the two litigious parties agree to the appointment of an independent mediator who is not qualified, then that is a possibility

In the BPP text, there is a line that states “Arbitrators should be independent and qualified” but then goes on to say that a party may challenge the appointment of an arbitrator if he feels that the arbitrator … does not possess the qualifications required by the arbitration agreement

My belief is that, if that arbitration agreement fails to specify any qualification requirement of a proposed arbitrator, then any person is a potential appointee

From the website of https://uk.practicallaw.thomsonreuters.com/4-502-1378?transitionType=Default&contextData=(sc.Default)&firstPage=true&comp=pluk&bhcp=1

“The Court of Appeal recently overturned the Commercial Court’s decision to remove an arbitrator for lack of qualifications, on the grounds that he had not met the requirement of having “not less than ten years’ experience of insurance and reinsurance” stipulated in the arbitration agreement. The court held that the arbitrator’s experience of insurance and reinsurance law met this requirement (Allianz Insurance Plc and another v Tonicstar Ltd [2018] EWCA Civ 434)”

This is not quite the same as the issue about which you raise your query but it does illustrate that, even though the arbitrator failed to satisfy the arbitration agreement requirement, nevertheless the Court was prepared to accept that a person with “experience” was adequate

This implies to me that even though a person may not be either legally qualified or even recognised by the Court of Arbitration, if that person can show appropriate experience, that would be sufficient

Is that ok?

You’re welcome