Apparent bias

Accountability, Anonymity of arbitrators, Apparent bias, arbitrators’ conduct, Breach of natural justice, Fair hearing, International arbitration, Scope of Confidentiality, Set aside an international arbitral award, Trust

(HFW Singapore LLP) and / /Leave a comment

The judgment of the Singapore International Commercial Court (the “Court”) in DJO v DJP and others [2024] SGHC(I) 24 (“DJO”) provides helpful guidance on when an award may be set aside for breach of natural justice. While setting-aside applications do not generally succeed given the well-established principle of minimal curial intervention, the Court undoubtedly reached…

Apparent bias, Arbitration, Arbitration Act 1996, Arbitrator Bias, Arbitrator Challenges, Arbitrators, England, English courts, English Law, International arbitration, UK

(Peter Ashford Ltd)/ /1 Comment

In a recent judgement rendered in H1 and another v W and others [2024] EWHC 382, the English Commercial Court removed a sole arbitrator under section 24 of the English Arbitration Act 1996 (the “EEA”).  This removal was based on statements made by the arbitrator regarding the way he would treat expert witness evidence that gave rise…

Apparent bias, Appointment of arbitrators, Bias, Deepwater Horizon, Impartiality, UK, UK Supreme Court, Uncategorized, Unconscious Bias

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YIAG

In November last year, the UK Supreme Court (the “Court”) pronounced judgment in Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48. It held, among other things, that there was a duty of disclosure for arbitrators in English law. Recognizing the importance of the principle of party autonomy, the Court concluded that parties could,…

Apparent bias, Appointment of arbitrators, Bias, Deepwater Horizon, IBA Guidelines on Conflicts of Interest, Impartiality, UK, UK Supreme Court, Unconscious Bias

(WilmerHale)/ /Leave a comment

On 27 November 2020, the U.K. Supreme Court in Halliburton Company v. Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law to determining whether an arbitrator’s failure to make disclosure of appointments in multiple arbitrations with overlapping subject matter and only one common…

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

, (Corrs Chambers Westgarth)/ /1 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…