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Halliburton v Chubb: UK Supreme Court Provides Guidance on an Arbitrator’s Duties of Impartiality, Disclosure, and Confidentiality
This month’s International Arbitration Update considers the landmark UK Supreme Court decision of
Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48.
The decision is important because it provides guidance on the disclosures that parties should expect from an arbitrator when circumstances exist which might give rise to justifiable doubts as to his or her impartiality. In providing this guidance, the Supreme Court discussed the interaction between an arbitrator’s duties of impartiality, disclosure, and confidentiality, which are not easily reconciled.
International Arbitration Comparative Guide - Litigation, Mediation & Arbitration mondaq.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from mondaq.com Daily Mail and Mail on Sunday newspapers.
While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a.
In summary
Rights holders have traditionally turned to court litigation to protect IP rights such as patents, copyrights, trademarks and trade secrets – or to enforce IP licensing agreements. This brings certain challenges, such as a public forum, unfamiliar laws and procedures, judges with varying IP law expertise, concern for national interests, and the risk that a judgment cannot be enforced in other jurisdictions. Arbitration offers an alternative mechanism and has a number of advantages, including confidentiality, a neutral forum or a single forum, the ability to select arbitrators with technical expertise, symmetrical risk for licensors, and cross-border enforceability of arbitral awards. This chapter considers the viability and desirability of arbitration as a means of resolving cross-border IP and IP-related disputes with a focus on Asia.
Guyana to become arbitration hub Hits: 1245
From left: Retired Justice Courtney Abel and Attorney General and Minister of Legal Affairs, Mohabir A. Nandlall.
GEORGETOWN, Guyana A proposal to revamp Guyana’s arbitration laws and practice has been accepted by the government of Guyana. The Attorney General and Minister of Legal Affairs, Anil Nandlall has engaged the services of retired Justice of the Supreme Court of Belize, Courtney Abel, to undertake the task of upgrading Guyana’s existing arbitration legislation and make recommendations on developing the country into an arbitration empire.
Arbitration is a form of an alternative method of dispute resolution (ADR). It is a private procedure, whereby parties involved in a dispute, submit the dispute to one or more arbitrators, mutually agreed upon, and the arbitrator makes a legally binding decision on the matter. Because of the adversarial nature of the court system, it is usually a last resort option for the comm