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ARTICLE · 28 DECEMBER 2020

Arbitrator Duties – Apparent Bias And Impartiality And RICS Guidance

Shepherd and Wedderburn
Shepherd and Wedderburn
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Shepherd and Wedderburn

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On 27 November 2020, the UK Supreme Court delivered its judgment in the case of Halliburton Company v Chubb Bermuda Insurance Ltd...

United KingdomLitigation, Mediation & Arbitration

Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48

On appeal from [2018] EWCA Civ 817

Introduction

On 27 November 2020, the UK Supreme Court delivered its judgment in the case of Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48. This case concerned arbitrator apparent bias, and the duty of an arbitrator to disclose information that may lead to doubts relating to their impartiality, specifically where they were appointed in a number of arbitrations with the same or overlapping subject matters and only one common party.

Background

Halliburton (the Appellant) provided cementing and well-monitoring services for Deepwater Horizon, to BP Exploration and Production Inc. (BP). Halliburton held an insurance policy with Chubb Bermuda Insurance Ltd (Chubb). Transocean Ltd (Transocean) was the owner of the oil rig, and leased this to BP. Transocean

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