Posted on: 30 November 2020
The long-awaited UK Supreme Court decision in Halliburton v Chubb was published on 27 November. The case addresses issues involving the disclosure which an arbitrator must make to parties when accepting appointment in cases with overlapping facts.
As well as the decision in the case, which was under appeal (arising out of claims following the Deepwater Horizon disaster), the Supreme Court was asked to make general declarations of principle regarding the disclosure to be made by an arbitrator, and also the impact which this might have on the confidentiality attaching to arbitration proceedings. The decision is regarded as favourable to London maritime arbitration, the Court having declined to impose on arbitrators the much stricter duties of disclosure argued for by some in the non-maritime international commercial arbitration world.
Commenting on the decision, Bruce Harris, President of the London Maritime Arbitrators Association (LMAA) said: “In considering disclosure requirements in arbitration, the UK Supreme Court has clearly recognised the particular characteristics of London maritime arbitration, and especially that disclosure requirements in maritime cases may be different from those in arbitrations in the wider commercial world. The issues involved in arbitrations involving chains of charterparties or multiple bill of lading holders are cases in point. We expect that the decision, which had been expected with concern in some circles, will in fact strengthen the commanding position and reputation of London arbitration and of London maritime arbitration in particular.”
