Arbitrations, Multiple References and Apparent Bias: A Case Study of Halliburton Co v. Chubb Bermuda Insurance Ltd (2018)

Abstract

To state that the future of arbitration in Europe depends upon the quality of arbitrators sitting in the various arbitral centres in Europe and of their awards may strike many as something of an over-statement. The popularity of arbitration as a means of dispute resolution depends upon a range of factors. But the quality of arbitrators must surely weigh heavily in the scales. As Jan Paulsson has observed, ‘confidence in the ethical standards of arbitrators and arbitral institutions is the Alpha and Omega of the legitimacy of the process’. A warning note on this issue has also been sounded by Professor Catherine Rogers in her authoritative monograph on the subject of ethics in international arbitration when she observed that ‘the lack of ethical regulation is regarded as a potential crisis that can threaten the legitimacy of international arbitration’. Were the market to lose confidence in the quality of European arbitrators and their ethical standards, there are many other arbitral centres around the world who would look to seize the opportunity and acquire a greater share of the potential case load.