Halliburton Co v Chubb Bermuda Insurance Ltd

Subject Matter

ARBITRATION — Arbitrator — Bias — Court appointing arbitrator in first arbitration following parties’ failure to agree appointment — Arbitrator subsequently accepting appointment in another arbitration as appointee of party to first arbitration — Appointment not disclosed to other party in first arbitration — Whether apparent bias — Whether arbitrator to be removed — Whether jurisdiction under Civil Procedure Rules to revoke or vary court’s appointment — Arbitration Act 1996 (c 23), ss 18, 24(1) — CPRr 3.1(7)

[2017] EWHC 137 (Comm); [2017] 1 WLR 2280; [2017] 2 All ER (Comm) 1097; [2017] 1 Lloyd's Rep 553; [2017] WLR (D) 108, QBD

ARBITRATION — Arbitrator — Bias — Court appointing arbitrator in first arbitration following parties’ failure to agree appointment — Arbitrator subsequently accepting appointment in another arbitration as appointee of party to first arbitration — Appointment not disclosed to other party to first arbitration — Whether apparent bias — Whether arbitrator to be removed — Arbitration Act 1996 (c 23), ss 18, 24(1)

[2018] EWCA Civ 817; [2018] 1 WLR 3361; [2018] 3 All ER 709; [2018] 2 All ER (Comm) 819; [2018] 1 Lloyd's Rep 638; [2018] WLR (D) 229, CA

ARBITRATION — Arbitrator — Removal — Court-appointed arbitrator subsequently accepting appointment in other related arbitration as appointee of party to first arbitration — Later appointment not disclosed to other party to first arbitration — Application to remove arbitrator on ground circumstances giving rise to “justifiable doubts as to his impartiality” — Whether test same as common law test for apparent bias — Whether arbitrator under duty to disclose later appointment — Whether breach of such duty giving grounds for removal — Arbitration Act 1996 (c 23), ss 24(1)(a), 33

[2020] UKSC 48; [2021] AC 1083; [2020] 3 WLR 1474; [2021] 2 All ER 1175; [2021] 1 Lloyd's Rep 1; [2020] WLR (D) 653, SC(E)

Appellate History

Commentary

Insurance Law Blog
Arbitral appointments in related or overlapping references Case comment

UK Supreme Court Blog
New Judgment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 Case comment

Case Comment: Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 Case comment

Case Comment (2): Halliburton Company v Chubb Bermuda Insurance Ltd (Formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 Case comment

Blackstones Civil Practice 2023
Adjudicative ADR - Trade and commodity arbitration 73.8

Grounds of Judicial Review - Bias 77.25

Right to a Fair and Public Hearing and Civil Litigation - Independent and impartial tribunal 91.48