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Day 7 of Signature’s Slide Show series – Is there an arbitrator’s duty of disclosure in English law?

By Signature Litigation
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Signature Litigation

The question asked to the English Supreme Court in the Halliburton v. Chubb case was whether an arbitrator should disclose – in the course of arbitration proceedings relating to the DeepWater Horizon black tide where Chubb was a party – that he had been appointed by Chubb in subsequent arbitration proceedings relating to the same circumstances.

In its 27 November 2020 decision, although the Supreme Court did not recuse the arbitrator, it clearly set out the arbitrator’s duty of disclosure under English law.

However, in this instance, the Court found that lack of disclosure did not necessarily imply bias, other circumstances had to be met for lack of impartiality to be found.

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