The inimical story of arbitrator bias: Halliburton v Chubb

Mohanty, Gautam and Devarakonda, Yasaschandra (2022) The inimical story of arbitrator bias: Halliburton v Chubb. International Arbitration Law Review, 25 (1). pp. 66-83. ISSN 13678272

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The question of apparent bias and the methodology to ascertain actual bias in the context of multiple references has recently been addressed by the UK Supreme Court in Halliburton v Chubb which has become the leading case in English Law dealing with arbitrator conflicts. The UK Supreme Court upheld the decision delivered by the lower courts albeit on different grounds for dismissing the application filed by Halliburton for removal of an arbitrator in an arbitration involving a policyholder and insurer. Thus, the following article will, first, deal with the brief factual history of the case elucidating on the reasoning of the UKSC on the legal issues in the appeal mentioned hereinabove. Subsequently, the authors will attempt to incisively analyse the case from a transnational perspective drawing references from established precedent in the UK and similar common law jurisdictions such as the US, Canada and Singapore. On a concluding note, the article will deal with the Indian law on arbitrator bias. The focus on Indian law is to understand a hypothesised divergence in practice, and suggest a way forward for the arbitration community while dealing with the issue of arbitrator bias.

Item Type: Article
Keywords: Appointments | Arbitrators | Bias | Disclosure | Impartiality | International arbitration
Subjects: Social Sciences and humanities > Social Sciences > Law and Legal Studies
JGU School/Centre: Jindal Global Law School
Depositing User: Mr. Syed Anas
Date Deposited: 03 Apr 2022 11:06
Last Modified: 03 Apr 2022 11:06


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