Practical Law

In Halliburton Company v Chubb Bermuda Insurance Ltd, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also emphasised the importance of arbitrator impartiality in London-seated arbitrations. The judgment addresses the circumstances in which an arbitrator may appear to be biased and … Continue reading Halliburton v Chubb: UK Supreme Court clarifies position on arbitrators’ duties of impartiality and disclosure in London-seated arbitrations →

The Supreme Court’s much-anticipated judgment in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb addresses the correct approach under English law to determining the governing law of an arbitration agreement. The judgment seeks to promote certainty and enforceability of arbitration agreements, by providing that: The parties’ choice of law in the governing law clause … Continue reading Enka v Chubb: Supreme Court decision promotes certainty and enforceability →

Generally speaking, commercial arbitrations which are seated in England and Wales must be conducted as expeditiously as possible. However, as well-intentioned as the tribunal and parties may be, COVID-19 continues to cause much delay in the conduct of international arbitration. Since the pandemic began, legal counsel have been fielding and responding to requests for delay … Continue reading COVID-19 related delay in international commercial arbitrations seated in England and Wales →