Published on: December 09, 2023 at 15:20 IST
Court: Supreme Court of United Kingdom
Citation: Halliburton Company v. Chubb Bermuda Insurance Ltd (2021)
Honourable Supreme Court of United Kingdom has held, that Arbitrators were under a duty of disclosure under the English law by the virtue of the principle of party autonomy. The Hon’ble Apex Court has held that by Litigant Autonomy can also waived be an agreement between the parties. It is held that the Arbitrators perform judicial functions and are required to act as judges would, without fear or favour, affection or ill-will. One way of satisfying the parties as to an arbitrator’s impartiality is disclosure. (Relied by Hon’ble Supreme Court of India in the matter – Chennai Metro Rail Ltd. v. Transtonnelstroy Afcons 2023 SCC OnLine SC 1370)
70. An arbitrator, like a judge, must always be alive to the possibility of apparent bias and of actual but unconscious bias. … One way in which an arbitrator can avoid the appearance of bias is by disclosing matters which could arguably be said to give rise to a real possibility of bias. Such disclosure allows the parties to consider the disclosed circumstances, obtain necessary advice, and decide whether there is a problem with the involvement of the arbitrator in the reference and, if so, whether to object or otherwise to act to mitigate or remove the problem…
Drafted By Abhijit Mishra
