Read the full judgment text of HCCT5/2007 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 18 July 2007 before Hon Burrell J.
Arbitration — Removal of arbitrator — Apparent bias — Disclosure obligations — ICC arbitration — Section 2GA Arbitration Ordinance — The applicant sought removal of Mr James Carter as arbitrator for failure to disclose details of unilateral communications with the party nominating him. No allegation of impropriety or actual bias was made. The court applied the test of the 'fair-minded and informed observer' to determine if there was a real possibility of bias. It held that the limited, non-substantive communications about potential chair candidates, conducted before the formation of the tribunal, and subject to an ICC challenge rejected on procedural grounds, did not warrant removal. The American Code of Ethics was acknowledged but not determinative. The court emphasized the international arbitration context and the absence of evidence undermining fairness or impartiality. The application to remove Mr Carter was dismissed, and costs were awarded to the respondent.
Legal issues: Whether apparent bias justifies removal of Mr Carter as arbitrator
Outcome: Application to remove Mr Carter as arbitrator dismissed