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United Kingdom Leading Case arbitration procedure

Halliburton Co v Chubb Bermuda Insurance Ltd

[2020] UKSC 48
JurisdictionUnited Kingdom
CourtUK Supreme Court
Year2020
StatusBinding authority

Summary

An arbitrator must disclose circumstances giving rise to justifiable doubts as to impartiality, including overlapping appointments, but non-disclosure does not automatically disqualify.

Key Principle

An arbitrator has a legal duty to disclose circumstances that would or might give rise to justifiable doubts about their impartiality, including appointments in related references involving a common party; failure to disclose is a factor but does not automatically disqualify.

Area of Law

arbitration

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Enforcement of international commercial arbitral awards does not involve arbitrators exercising judicial power; enforcement itself is a judicial function constitutionally vested in Chapter III courts.

Re Shift Energy Asia Limited [2025] HKCFI 6415

Court considered how the Guy Lam discretion operates where the existence of an arbitration agreement is itself in dispute.

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