Five questions for London arbitration following the Court of Appeal’s decision in Halliburton v Chubb
The recent decision in Halliburton v Chubb is of great interest for its treatment of an application to remove an arbitrator under s 24 of the Arbitration Act 1996, in the common situation where the same arbitrator is appointed in overlapping references with only one common party, on the basis this gave rise to justifiable doubts about the arbitrator’s impartiality.
The case has the potential to become the leading authority on an arbitrator’s duty of disclosure. The result, at both first instance and in the Court of Appeal, was that the application to remove the arbitrator failed.
In this article we identify and address five broader inter-connected questions which the decision raises for London arbitration: