15/06/2021

The test for apparent bias and arbitrators’ duties of disclosure following Halliburton v Chubb

Welcome clarification, but questions remain.

Following a webinar last December exploring the landmark decision of Halliburton v Chubb, the speakers have authored an article with further thoughts in the Journal of International Arbitration.

The article explores the key points arising out of the judgment and the current position under English law and remaining questions following the judgment, including the relationship between the duties of disclosure and confidentiality. They explore the extent to which parties’ adoption of institutional rules can modify the English law position, and comment on the extent to which English law is now in line with that of other jurisdictions.

Authors

Charles Kimmins QC, Barrister, Twenty Essex
Luke Pearce, Barrister, Twenty Essex
Nigel Rawding QC, Arbitrator, Twenty Essex (previously Partner at Freshfields)
Olivia Valner, Senior Associate, Freshfields

The authors represented the LCIA in its intervention in the Supreme Court case of Halliburton v Chubb [2020] UKSC 48. The Supreme Court handed down judgment on 27 November 2020.

The article ‘The Test for Apparent Bias and Arbitrators’ Duties of Disclosure Following Halliburton v. Chubb: Welcome Clarification, but Questions Remain’ Journal of International Arbitration, Volume 38, Issue 3 (2021) pp. 359 – 376  was first published on Kluwer Law International.

Read the article (subscription required)