Lights, Camera, Apparent Bias: Arbitrator Successfully Challenged In Film Industry Arbitration

In the recent decision in H1 and another v W,D and F [2024] EWHC 382 (Comm), the English High Court granted an application under section 24(1)(a) of the Arbitration Act 1996 (the 1996 Act) to remove a sole arbitrator (the Arbitrator) on the grounds of apparent bias. The application primarily concerned comments made by the Arbitrator, who was an industry professional without previous experience sitting as an arbitrator, in relation to the parties' witnesses and his approach to the expert evidence in the case. In upholding the challenge to the Arbitrator, the Court found that some of the Arbitrator's remarks gave rise to an appearance of having pre-determined a key issue in dispute; others were "unfortunate and misguided" but did not give rise to an appearance of bias.