The duties of impartiality, disclosure, and confidentiality: lessons from a London-seated arbitration

Q3 Social Sciences

Arbitration International Pub Date : 2021-07-12 DOI:10.1093/ARBINT/AIAB013

Samuel Yee Ching Leung, Alex Chan

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引用次数: 0

Abstract

Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd [2020] UKSC 48 is an important case not only to the UK but also to the international arbitration community for several reasons: first, it examines indispensable duties in international arbitration and for the first time recognises and explicates upon the duty of disclosure at the highest court of the United Kingdom; secondly, it addresses and clarifies key concepts in international arbitration; thirdly, it confirms the objective nature of the test of justifiable doubts which has wider implications for other arbitral forums; fourthly, it illustrates how the duties of impartiality, disclosure, and confidentiality interact with and affect each other and how the key concepts should be applied to this interaction; and finally, it lays down useful guidance for arbitrators. For these reasons, this case deserves close and careful examination. This article aims to explain the significance of the aforesaid and suggests that, in addition to what has been addressed, further judicial explanations are warranted in what other aspects.

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公正、披露和保密的义务：伦敦仲裁的经验教训

哈里伯顿公司诉Chubb百慕大保险有限公司（前身为Ace Bermuda保险有限公司【2020】）UKSC 48不仅对英国，而且对国际仲裁界来说都是一个重要的案例，原因有几个：首先，它审查了国际仲裁中不可或缺的义务，并首次承认和解释了英国最高法院的披露义务；其次，论述并阐明了国际仲裁中的关键概念；第三，它确认了正当怀疑检验的客观性质，这对其他仲裁论坛具有更广泛的影响；第四，说明了公正、披露和保密义务如何相互作用和影响，以及关键概念应如何应用于这种相互作用；最后，为仲裁员提供了有益的指导。由于这些原因，本案值得仔细审查。本文旨在解释上述问题的重要性，并建议，除了已经解决的问题外，还需要在其他方面进行进一步的司法解释。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Arbitration International Social Sciences-Law

CiteScore

0.60

自引率

0.00%

发文量

期刊介绍： Launched in 1985, Arbitration International provides quarterly coverage for national and international developments in the world of arbitration. The journal aims to maintain balance between academic debate and practical contributions to the field, providing both topical material on current developments and analytic scholarship of permanent interest. Arbitrators, counsel, judges, scholars and government officials will find the journal enhances their understanding of a broad range of topics in commercial and investment arbitration. Features include (i) articles covering all major arbitration rules and national jurisdictions written by respected international practitioners and scholars, (ii) cutting edge (case) notes covering recent developments and ongoing debates in the field, (iii) book reviews of the latest publications in the world of arbitration, (iv) Letters to the Editor and (v) agora grouping articles related to a common theme. Arbitration International maintains a balance between controversial subjects for debate and topics geared toward practical use by arbitrators, lawyers, academics, judges, corporate advisors and government officials.