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Dec.10.2020
Shortly after its important decision on the governing law of arbitration agreements in
Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb [2020] UKSC 38 (as covered in our recent alert here), the U.K. Supreme Court has handed down another judgment long awaited by arbitration participants and practitioners – namely,
Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, which is set to become the leading authority on arbitrators’ duties of impartiality and disclosure.
The case concerned the situation in which there are multiple appointments of the same arbitrator in arbitrations involving the same subject matter and only one common party. The importance of the issues it raised was such that five arbitral institutions and associations were given permission to intervene (the LCIA, the ICC, the Chartered Institute of Arbitrators, the Grain and Feed Trade Association, and the London Maritime Arbitrators Association).