Abstract

Confidentiality and party autonomy are generally regarded as hallmarks of commercial arbitration. However, the Court of Appeal's judgment last year in Halliburton v Chubb has created a serious tension between these concepts in the context of an arbitrator's duty to disclose circumstances which might give rise to a possibility of bias. The decision has, moreover, highlighted a divergence between English law and the major sets of institutional rules regarding the duty of disclosure and the consequences if it is breached. The decision is currently under appeal to the Supreme ...