Cardinal duty – UK Supreme Court clarifies arbitrators' obligations of impartiality and disclosure

The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for apparent bias.

The judgment addresses the circumstances in which an arbitrator may appear to be biased and the related issue of when an arbitrator must disclose circumstances which may give rise to justifiable doubts about their impartiality. In reaching its decision, the UK Supreme Court received interventions from a number of interested parties, including the International Chamber of Commerce (ICC), The London Court of International Arbitration (LCIA), Chartered Institute of Arbitrators, the London Maritime Arbitration Association (LMAA), and the Grain and Feed Trade Association (GAFTA).

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