In this vein, several arbitral institutions’ rules impose what is known as the “gold standard”, requiring arbitrators to disclose interests which might lead not only to actual bias, but also to the appearance of bias. However, in the recent case of Halliburton v Chubb, the English Supreme Court has emphasised the need to balance disclosure and confidentiality, and has recognised the variety of custom and practice in relation to disclosure among various industries’ arbitral bodies.
Read moreArbitrators and the limits to the duty of disclosure
The duty of disclosure is a legal duty in court and arbitral proceedings. If you are involved in arbitration, the arbitrators appointed are under such a duty to disclose where there is apparent bias or impartiality – but what are the limits of that duty? The specialist commercial lawyers at Bahamas law firm ParrisWhittaker are specialists in advising on disclosure issues in commercial disputes.
A ruling1 from the UK’s Supreme Court, which has highly persuasive authority on the courts in The Bahamas, is particularly noteworthy because various arbitral bodies intervened in the case (including the ICC, LCIA and GAFTA).
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