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

Author(s):  
Samuel Yee Ching Leung ◽  
Alex Chun Hei Chan

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.

2008 ◽  
Vol 12 (1) ◽  
pp. 164-185
Author(s):  
Caroline Mackenzie

AbstractDuring my first twelve years in India I studied Hindu art and philosophy, encountering "inculturated" Catholic Christianity for the first time. When I returned to the United Kingdom, I was struck by a manifest separation between the dry, orderly church, and the imaginative world of "New Age" networks such as Dances of Universal Peace. In 1999 I received a major commission to re-design a church in Wales. This opening allowed me to use art as a means to bring some of the insights gained in India into a Western Christian context. After this public work, I made a series of personal pictures that depicted the healing and empowering effect of the new public images (archetypes) on my inner world. I then tried to connect the work in the church to liturgy but found no opening in the UK. In 2003, I returned to India to the Fireflies Intercultural Centre in Bangalore. There I found a "laboratory of the spirit" that provided the right conditions for serious religious experimentation. In 2007, I found a way to express the vision of the artwork in the Welsh church via an embodied liturgy. Using masks representing the Elements, I worked with an Indian Catholic priest to create a cosmic Easter Triduum.


2014 ◽  
Vol 11 ◽  
pp. 67 ◽  
Author(s):  
Alexandros Nafpliotis

The focus of this article is an analysis of the Greek junta’s relations with the Wilson and Heath governments in the United Kingdom from 1967 to 1974. Emphasis is placed on diplomatic relations between the two traditional allies. The reactions of the military leaders of the regime in Athens and its representatives in Britain to policies pursued by London towards the establishment, consolidation and eventual demise of the colonels’ dictatorship are presented through the examination (for the first time) of official documents from both the UK and Greece. It is argued that the Greek military regime struggled to cultivate relations with Britain primarily for reasons of domestic and international prestige. Whereas Whitehall pursued a policy of “good working relations” with the junta in order to promote British interests vis-à-vis NATO, Cyprus and trade, the leadership in Athens was solely interested in using British support to gain legitimacy internationally and domestically.


Significance The Brexit process also has coincided with the rise of national over British identities in Scotland and Wales, as well as an increase in younger generations supporting independence. In Northern Ireland, Catholics are likely to outnumber Protestants for the first time when the census is released next year. Impacts The UK government’s hard-line opposition to another Scottish referendum vote could risk increasing support for independence. Resolving tensions over the Northern Ireland protocol will be crucial in making progress on other aspects of UK-EU relations. Concern over the economic impact of Brexit suggests that London will continue to take a lax approach to customs checks on EU imports.


2007 ◽  
Vol 56 (4) ◽  
pp. 871-884
Author(s):  
TD Grant

The Court of Appeal, Civil Division, Longmore LJ, on 24 January 2007 handed down a decision in Fiona Trust v Privalov which clarifies the relation between sections 9 and 72 of the Arbitration Act 1996; affirms, again, in strong terms the separability (or severability) of an arbitration clause from the contract in which it is included; and, apparently for the first time in English courts, establishes that allegations of bribery may be subject to the jurisdiction of an arbitrator. The decision therefore holds interest in relation to the enforcement in the United Kingdom of agreements to arbitrate and, more generally, supports the position that arbitration has a role to play in international efforts to combat corruption.


2018 ◽  
Vol 55 (2) ◽  
pp. 313-330 ◽  
Author(s):  
Lucy Grimshaw ◽  
Lewis Mates ◽  
Andie Reynolds

AbstractThe UK coalition government introduced the Community Organisers Programme in 2010, providing state funding to train community organizers in England for the first time. This article presents a case study in the north of England, exploring the implementation of the programme. It illustrates the challenges and contradictions faced by trainee community organizers and suggests lessons for community practitioners and policymakers of all political complexions in the United Kingdom and other countries.


2016 ◽  
Vol 53 (3) ◽  
pp. 541-556 ◽  
Author(s):  
Tina Miller ◽  
Meredith Nash

Increasingly in international research and popular media a growing interest in men and fatherhood is discernible. These changes occur as other aspects of the socio-economic world shift, necessitating the need to re-address how caring and paid work responsibilities are configured and practised. However, interest in men’s experiences as fathers has emerged in ways which reflect cultural assumptions and practices associated with dominant understandings of masculinities. Consequently, research on and evidence of changing behaviours has been culturally and geographically uneven. In this paper, two qualitative studies are drawn upon to examine how men living in Australia and the UK engage in/narrate experiences of preparation for first-time fatherhood. These studies compare men’s in-depth accounts of preparing for first-time fatherhood in cultures where understandings of masculinities overlap, but where differences are also discernible. The findings illuminate the ways in which biology, gender, temporality and histories of masculinities frame men’s preparation activities and service provision.


2016 ◽  
Vol 18 (7) ◽  
pp. 639-654 ◽  
Author(s):  
Phil Ramsey

The commercial public service broadcasters (PSBs) in the United Kingdom (UK) make a significant contribution to the country’s public service television system, alongside the BBC. Operating under the UK communications regulator Ofcom, the commercial PSB channels ITV, Channel 4, and Channel 5 are required to broadcast varying levels of public service content. This places these channels in a different category to all other market broadcasters in the UK. By taking a critical political economy of communication approach, this article examines how the regulatory system functions to secure public service provision in television. A particular focus is placed on the first-run originations quotas, which govern the levels of programming that are originally produced or commissioned by a commercial PSB, and broadcast for the first time in the UK. It is argued that while fulfilling the public service remit, the commercial PSBs gain significant benefits that contribute to the underpinning of their business models.


2017 ◽  
Vol 17 (2) ◽  
pp. 341-362 ◽  
Author(s):  
Venancio Tauringana ◽  
Dragana Radicic ◽  
Alan Kirkpatrick ◽  
Renata Konadu

Purpose This paper aims to report the results of an investigation into the relationship between corporate boards and the likelihood of a firm being convicted of an environmental offence in the United Kingdom (UK). Design/methodology/approach The study uses binary logistics regression analysis to model the relationship between corporate boards and the likelihood of a firm being convicted of an environmental offence in the UK, controlling for firm size, financial leverage and profitability. Findings The results suggest that the likelihood of a firm being convicted of an environmental offence increases with board size but decreases with the presence of a woman on the board. No support is found for the authors’ hypotheses about the proportion of outside directors and the presence of a lawyer on the board. Marginal effects’ results also show that adding one member to the board increases the chance of a firm being convicted for an environmental offence by 4.2 per cent, while having a woman on the board decreases the likelihood of a firm being convicted of an environmental offence by 31.8 per cent. Research limitations/implications The sample size of 55 firms is small which could affect the generalisability of the study. Originality/value The study uses proprietary data obtained from the UK Environmental Agency to provide evidence for the first time how corporate boards affect the chances of a listed firm being convicted of an environmental offence in the UK.


2014 ◽  
pp. 9-10 ◽  
Author(s):  
Simon Marginson

The number of non-EU students entering UK higher education has fallen for the first time for many year, especially students from South Asia. The UK government is under pressure from the neo-nationalist UK independence Party to reduce all forms of migration and international education has been caught by this.


Until 2019, TBE was considered only to be an imported disease to the United Kingdom. In that year, evidence became available that the TBEV is likely circulating in the country1,2 and a first “probable case” of TBE originating in the UK was reported.3 In addition to TBEV, louping ill virus (LIV), a member of the TBEV-serocomplex, is also endemic in parts of the UK. Reports of clinical disease caused by LIV in livestock are mainly from Scotland, parts of North and South West England and Wales.4


Sign in / Sign up

Export Citation Format

Share Document