An arbitrator’s independence and impartiality are among the foundations of arbitration. The recent Supreme Court case of Haliburton v Chubb clarifies the English law position on:

• the arbitrator’s duty to disclose their appointments and involvement in other arbitrations;

• whether and when disclosure is needed; and

• whether the test under section 24 of the UK Arbitration Act (application to remove an arbitrator due to doubts as to impartiality) is the same as the common law test of bias.

The case is of significance for the wider international arbitration community and a significant number of arbitral institutions, namely the LCIA, ICC, CIArb, LMAA and GAFTA, were given permission by the Court to intervene given the importance of the issue.