In what has been one of the most eagerly awaited judgments of 2020, the UK Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd has clarified the law on arbitrator appointments and apparent bias in situations of multiple overlapping appointments.

The judgment confirms that arbitrators are under a legal obligation to disclose circumstances which give rise to justifiable doubts as to their impartiality, which will usually involve multiple appointments arising out of the same overlapping subject matter.  However the Court has accepted the LMAA's submissions recognising the distinct characteristics of London maritime arbitration and other sector-specific arbitration where such features are common and disclosure obligations will consequently differ.  The LMAA was represented by HFW in relation to its intervention in the UK Supreme Court proceedings.

HFW have analysed the judgment and considered what the judgment means for international arbitration generally and for sector-focussed arbitration specifically, with a particular focus on London maritime arbitration.

You can view HFW's full review and commentary here.