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Words: | Submitted: Mon Jun 19 2006
... must not carry out his own investigations without the prior consent of the parties. He or she should not use own special knowledge to form a different view of the facts from that given evidence by a witness of fact or an expert witness called by the parties. The arbitrator should only decide on the issues put before him. Indeed, the arbitrator should see the main thrust of the arguments and decide on it. The arbitrator must act in a wholly unprejudiced manner throughout. He must act judicially and should never assume the role of an advocate for the appointor. Failure to observe these principles (and may more) could constitute "misconduct" (admittedly applicable only to domestic arbitration), which could lead to removal of the arbitrator by the court (s 25(1)) and/or setting aside of the award (s 25(2)), or a remission of the award (s 24) Control of arbitration There are very limited grounds for ...
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