Halliburton v Chubb: UK Supreme Court clarifies the position on arbitrators’ duties of impartiality and disclosure in London-seated arbitrations

In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also emphasised the importance of arbitrator impartiality in London-seated arbitrations.

The judgment raises legal questions which are of general importance in arbitration. In particular, it 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 his or her impartiality.

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Revised ICC Arbitration Rules

The International Chamber of Commerce (ICC) has released revised arbitration rules, which are expected to become effective from 1 January 2021 and apply to arbitration proceedings commenced after that date. The Revised Rules can be found here. The previous two revisions to the ICC Rules were in 2017 (see our comments here) and 2012 (see our comments here).

The Revised Rules, which are intended to provide “further steps towards greater efficiency, flexibility and transparency,”1 cover a wide range of issues and include a number of new provisions. Among other changes, the Revised Rules address joinder and consolidation of multi-party arbitrations; remote hearings and the use of technology; equality in the constitution of a tribunal; disclosure in third-party funding arrangements; nationality and emergency arbitration for treaty-based arbitrations; powers of the tribunal where there is change in party counsel/representation; and the monetary threshold for expedited arbitrations.

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Disputes after Brexit - a bumpy ride?

Whether the UK and EU agree a post-Brexit deal or not, the UK will leave the EU's jurisdiction and enforcement regime on 31 December, if only for a short period. The result will be turbulence for some organisations with European disputes on their hands, but a smooth ride for others, and any disruption may be short-lived. We explain why.I

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Halted trials cause financial and emotional woe, says Bar

Chair of the Bar Council Maura McNally SC says she has been “inundated” with complaints about halted trials.

The Bar Council chair has written to High Court president Ms Justice Mary Irvine to say that access to justice under level five restrictions has proven very difficult for barristers and their clients.

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Why Alternative Dispute Resolution Is Useful For Business Conflicts

Vice President Yemi Osinbajo has said the current administration is promoting the adoption of Alternative Dispute Resolution (ADR) and creating the necessary infrastructure to enhance speedy resolution of business related disputes.

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ADR key to resolving int'l trade disputes? Experts believe so

Alternative dispute resolution (ADR) methods may just be the answer to resolving disputes between the parties contracting under letters of credit (LC) in international trade deals, especially during the economic fallout of the Covid-19 pandemic.

Importers and exporters normally require intermediaries such as banks or alternative financiers to guarantee payment and the delivery of goods.

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Gov't looking to strengthen use of mediation and restorative justice

KINGSTON, Jamaica - Justice Minister Delroy Chuck says the Government is looking to strengthen the use of mediation and restorative justice to settle minor and in some cases complex matters without going to court.

Work is underway to draft the Mediation Act as well as update the Restorative Justice Act.

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