• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
Free ACCA & CIMA online courses from OpenTuition

Free ACCA & CIMA online courses from OpenTuition

Free Notes, Lectures, Tests and Forums for ACCA and CIMA exams

  • ACCA
  • CIMA
  • FIA
  • OBU
  • Books
  • Forums
  • Ask AI
  • Search
  • Register
  • Login
  • ACCA Forums
  • Ask ACCA Tutor
  • CIMA Forums
  • Ask CIMA Tutor
  • FIA
  • OBU
  • Buy/Sell Books
  • All Forums
  • Latest Topics

20% off ACCA & CIMA Books

OpenTuition recommends the new interactive BPP books for March and June 2025 exams.
Get your discount code >>

Mock exam – arbitrator's characteristics

Forums › Ask ACCA Tutor Forums › Ask the Tutor ACCA LW Exams › Mock exam – arbitrator's characteristics

  • This topic has 3 replies, 2 voices, and was last updated 6 years ago by MikeLittle.
Viewing 4 posts - 1 through 4 (of 4 total)
  • Author
    Posts
  • February 25, 2019 at 1:49 pm #506477
    francihco
    Member
    • Topics: 8
    • Replies: 11
    • ☆

    An arbitrator should display all of the following characteristics with the exception of one that is not a requirement, which is that one?
    1) Independent
    2) Unbiased
    3) Objective
    4) Qualified.

    I chose unbiased (as I understand that the underlining meaning of objective implies to be unbiased). However, the correct answer is Qualified. When I check on books, notes, etc, an arbitrator needs to be Qualified.
    Then, I don’t quite get why Qualified is not a characteristic.
    Thanks in advance.

    February 25, 2019 at 3:50 pm #506490
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23314
    • ☆☆☆☆☆

    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?

    February 26, 2019 at 8:13 am #506561
    francihco
    Member
    • Topics: 8
    • Replies: 11
    • ☆

    Thanks, very clear.

    February 26, 2019 at 3:56 pm #506621
    MikeLittle
    Keymaster
    • Topics: 27
    • Replies: 23314
    • ☆☆☆☆☆

    You’re welcome

  • Author
    Posts
Viewing 4 posts - 1 through 4 (of 4 total)
  • You must be logged in to reply to this topic.
Log In

Primary Sidebar

Donate
If you have benefited from our materials, please donate

ACCA News:

ACCA My Exam Performance for non-variant

Applied Skills exams is available NOW

ACCA Options:  “Read the Mind of the Marker” articles

Subscribe to ACCA’s Student Accountant Direct

ACCA CBE 2025 Exams

How was your exam, and what was the exam result?

BT CBE exam was.. | MA CBE exam was..
FA CBE exam was.. | LW CBE exam was..

Donate

If you have benefited from OpenTuition please donate.

PQ Magazine

Latest Comments

  • kamo7293 on Group SFP – FV adjustments – ACCA Financial Reporting (FR)
  • kamo7293 on Group SFP – NCA PUPs – ACCA Financial Reporting (FR)
  • fathi on ACCA Flashcards
  • kamo7293 on Group SFP – Example (PUPs) – ACCA Financial Reporting (FR)
  • kamo7293 on Group SFP – intra group and cash in transit – ACCA Financial Reporting (FR)

Copyright © 2025 · Support · Contact · Advertising · OpenLicense · About · Sitemap · Comments · Log in