Multiple appointments

Annulment, Brazil, Conflicts of interest, Duty to Disclose, Multiple appointments

(Souto, Correa, Cesa, Lummertz & Amaral Advogados)/ /Leave a comment

On 11 August 2020, the Court of Appeals of the state of São Paulo, Brazil, annulled an arbitral award on the grounds that the chair of the arbitral tribunal had failed to timely disclose his appointment to another arbitration by one the parties. As discussed in a previous post on this blog, less than two…

Apparent bias, Bias, Deepwater Horizon, Disclosure, Impartiality, Multiple appointments, Removal of arbitrator

, (Corrs Chambers Westgarth)/ /Leave a comment

The UK Supreme Court will hear an appeal from Halliburton Company v Chubb Bermuda Insurance Ltd [2018] EWCA Civ 817 on whether an arbitrator may accept appointments in multiple references concerning the overlapping subject matter with only one common party, without giving rise to an appearance of bias and without disclosure. As it stands, the…