UK Supreme Court clarifies English law on arbitrators’ duties of impartiality, disclosure and confidentiality

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In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or circumstances which would, or might reasonably, give rise to justifiable doubts as to their impartiality. That duty is, however, subject to an arbitrator’s duty of confidentiality in English-seated arbitral proceedings.

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