Apparent bias: an arbitrator’s duty of disclosure

In Halliburton Co v Chubb Bermuda Insurance Ltd and Others [2018] EWCA Civ 817 the Court of Appeal has upheld the first instance decision of Popplewell J in refusing to dismiss an arbitrator who had been appointed by solicitors for the same party in related proceedings.

The case is of particular interest to the insurance and reinsurance market, where a major dispute can give rise to many sets of parallel claims. The effect of the decision is that there may well be a duty of disclosure if there are concerns about possible bias, but that a failure to disclose is not of itself a ground for removal in the absence of other substantial factors pointing towards possible bias.