ARI v WXJ [2022] EWHC 1543 (Comm) (20 June 2022)(Foxton J)

The BARECON stipulated for arbitration (LMAA terms / 3 arbitrators) where a failure to appoint within 14 days entitled the commencing party to appoint their arbitrator as sole arbitrator without notice. The Respondent’s appointee was subsequently unable to participate (compensation below firm’s charge-out rate), and the Claimant argued failure to appoint and entitlement to appoint theirs as sole arbitrator. The Court disagreed; although remuneration was not agreed at the time, there was no conditionality when the Respondent’s appointee accepted the appointment and the Respondent “had unequivocally communicated its appointment” to both the Claimant and their arbitrator.