Arbitration Law Monthly

After a wait of just over a year, the Supreme Court has handed down its crucial decision in Halliburton Co v Chubb Bermuda Insurance Ltd [2020] UKSC 48. The narrow question was whether an arbitrator appointed for a Bermuda Form insurance arbitration was required to disclose that he had subsequently received two further appointments by one of the parties for arbitrations arising out of the same event.

In Carpatsky Petroleum Corporation v PJSC Ukrnafta [2020] EWHC 769 (Comm) the respondents sought to challenge an enforcement order in respect of an award made in Sweden. A number of defences were raised, including the absence of a binding agreement to arbitrate and serious procedural errors in the hearing. The defences raised questions relating to the law applicable to the arbitration clause and the effect of a decision by the curial court upholding the award and of decisions by other enforcing courts.

Section 66 of the Arbitration Act 1996 sets out what is in essence a summary procedure for the enforcement of awards made in an arbitration with an English seat. The award must be enforced unless there are jurisdictional or other serious doubts as to the validity of the award.