Research and Articles
Hotline
- Capital Markets Hotline
- Companies Act Series
- Climate Change Related Legal Issues
- Competition Law Hotline
- Corpsec Hotline
- Court Corner
- Cross Examination
- Deal Destination
- Debt Funding in India Series
- Dispute Resolution Hotline
- Education Sector Hotline
- FEMA Hotline
- Financial Service Update
- Food & Beverages Hotline
- Funds Hotline
- Gaming Law Wrap
- GIFT City Express
- Green Hotline
- HR Law Hotline
- iCe Hotline
- Insolvency and Bankruptcy Hotline
- International Trade Hotlines
- Investment Funds: Monthly Digest
- IP Hotline
- IP Lab
- Legal Update
- Lit Corner
- M&A Disputes Series
- M&A Hotline
- M&A Interactive
- Media Hotline
- New Publication
- Other Hotline
- Pharma & Healthcare Update
- Press Release
- Private Client Wrap
- Private Debt Hotline
- Private Equity Corner
- Real Estate Update
- Realty Check
- Regulatory Digest
- Regulatory Hotline
- Renewable Corner
- SEZ Hotline
- Social Sector Hotline
- Tax Hotline
- Technology & Tax Series
- Technology Law Analysis
- Telecom Hotline
- The Startups Series
- White Collar and Investigations Practice
- Yes, Governance Matters.
- Japan Desk ジャパンデスク
Dispute Resolution Hotline
July 21, 2021Halliburton v. Chubb: An English Law Treatise on Arbitral Bias and the Indian Perspective
This article was originally published in
SUMMARY
Impartiality and fairness of the arbitrator are cardinal principles of an arbitral proceeding. Issues often arise with respect to arbitrator conflicts and apparent bias, necessitating a critical guidance for arbitrators, practitioners and arbitral institutions. The UK Supreme Court in its recent judgement, Halliburton Company v. Chubb Bermuda Insurance Ltd., has clarified and set precedent for issues relating to the apparent bias and extent of an arbitrator's duty to disclose material circumstances which may raise questions of bias in arbitrations. London is one of the principal global hubs for arbitration and frequently selected as a seat of arbitration in commercial contracts. Thus, the Supreme Court's decision setting out the importance of fair disclosures, independence and impartiality in English-seated arbitrations will act as a ready reference going forward for examining these issues across the globe. The case brief examines such critical issues and delves into the observations of the Supreme Court on issues relating to multiple arbitral appointments on overlapping subject matters, involving a common party giving rise to justifiable doubts and arbitrator’s duty to disclose the same. In this context, it further provides an overview of the Indian law on impartiality and independence of arbitrators.
For complete article, please click here.
– Shweta Sahu, Alipak Banerjee & Payel Chatterjee
You can direct your queries or comments to the authors