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15 April 2016 / Khawar Qureshi KC
Issue: 7694 / Categories: Features , Commercial
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Umpires on sticky wickets

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Khawar Qureshi QC provides an update on recent accusations of arbitrator bias

While London remains the pre-eminent seat for international arbitration, it is vital that the fundamental requirements of fairness, expedition, cost effectiveness and finality are maintained and promoted by users, institutions and the courts. In this regard, as the author has remarked in previous articles, there are signs that parties are becoming more aggressive in questioning, as well as challenging arbitrators (see “A double act”, 159 NLJ 7368, p 667, “Time for change?” Pt 1, 163 NLJ 7582, p 13 and Pt 2, 163 NLJ 7583, p 14, and “A risky business?”, 165 NLJ 7643, p 11). This may well be a reflection of the erosion of trust in the process, and the perception that the arbitral process lends itself too easily to “clubbiness”. In any event, two decisions within weeks of each other illustrate the consistent approach of the English courts to challenges to arbitrators.

“There are signs that parties are becoming more aggressive in questioning, as well

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Cripps—Radius Law

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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