UK Supreme Court Ruling Clarifies Arbitrator Bias Standard

Law360 (January 20, 2021, 3:15 PM EST) -- The legitimacy of arbitration as a dispute resolution process depends on both the appearance and the reality of an impartial and independent tribunal. It is thus vitally important that no party have, or be perceived to have, an unfair advantage in the arbitrator appointment process, particularly in regard to the chair of a tribunal.

In late November, the U.K. Supreme Court issued a decision on this subject that has sent shock waves through the international arbitration community and the insurance bar.

The court held that an arbitrator who was appointed by a London court to chair a tribunal at the request...

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