Objective Bias in UK Law
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Blog: Halliburton v Chubb: Supreme Court Rules on Arbitrator Impartiality
In a long-awaited decision, the Supreme Court has recently handed down a judgment of critical importance addressing an arbitrator’s duty of impartiality and obligation to make disclosure. The ca...... ... as arbitrator in the Halliburton arbitration on the basis of apparent bias. The application was refused by the Commercial Court and by the Court of ... the appointment in the Transocean arbitration to Halliburton, an objective observer would not have concluded on the facts that there was a real ... ...
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Arbitrator Bias: The English Commercial Court Offers Further Guidance On Disqualification Of Arbitrators
... ... for arbitrator removal. The Supreme Court confirmed that the ... relevant test for arbitrator bias was objective and involved ... determining whether a fair-minded and informed observer would ... conclude that there was a real possibility of bias. So how is this ... ...
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English Court Rejects Warm And Friendly' Bias Claim Against Arbitrator In Costs Dispute
... ... The test for bias is therefore whether an objective fair-minded observer who was well informed of the facts, but detached from the case, would "conclude that there was a real possibility that the ... ...
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To Disclose Or Not To Disclose? UK Supreme Court Defines Standards For Arbitrator's Impartiality And Duty Of Disclosure
... ... law test for "apparent bias", though there has been no ... absolute ruling in this respect. Until now ... objective observer to conclude that there is a real possibility of ... bias ... ...
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English Court Of Appeal Lowers The Bar For Arbitrator Disclosure
... ... informed observer would conclude give rise to a real possibility of bias, but also to circumstances that merely might give rise to such a ... This is an objective test and requires a party to show that a fair-minded and informed ... ...
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Halliburton V Chubb: U.K. Supreme Court Rules On Arbitrator Bias
... ... To determine whether there is an appearance of bias such that ... removal of an arbitrator is required, English law will apply the ... objective test of whether an informed, fair-minded observer would ... conclude that there is a real possibility of bias ... While the obligation of ... ...
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(Re)insurance Weekly Update 29- 2017
... ... hearing her appeal and applied for recusal on the ground of apparent bias. Both judges had been involved in earlier decisions which had been adverse ... , and it was pointed out that the test for apparent bias is an objective one: " the outcome cannot be determined by the subjective views or wishes ... ...
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Supreme Court Clarifies Key Principles And Reinforces Arbitration-friendly Approach
... ... injunctions; the second clarifies the law on arbitrator bias and ... the duties of impartiality and disclosure ... WM Comment ... courts will apply the objective test of whether the fair-minded and ... informed observer, having ... ...
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"The Fair-minded And Informed Observer": Apparent Bias And The Arbitrator's Duty Of Disclosure
... ... This is sometimes referred to as "apparent ... The test for apparent bias is objective: would "the ... fair-minded and informed observer, having considered the ... facts ... conclude that there was a real possibility that the ... tribunal ... ...
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UK Supreme Court clarifies arbitrator’s duty of disclosure when accepting multiple appointments in related arbitrations
The UK Supreme Court has delivered its long-awaited decision in Halliburton v Chubb1 regarding an arbitrator's duty to disclose multiple appointments in related arbitrations. In a decision of signi...... ... to disclose would be relevant to the court's assessment of apparent bias, it is not determinative. The Court re-affirmed that courts should apply n objective test, paying regard to the factual matrix as at the time of the hearing to ... ...
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