Commentary on provisions of Act The arbitral tribunal Section 2: Impartiality: duty of disclosure
The 1996 Act (section 33) imposes a duty of impartiality on arbitrators. Additionally, a duty of disclosure was recognised by the Supreme Court in its decision in Halliburton v Chubb (2020). 2 Section 2 of this Act codifies the general duty of disclosure as articulated in that case.
	Section 2 of this Act requires an arbitrator to disclose circumstances that might reasonably give rise to justifiable doubts as to their impartiality. It applies prior to the arbitrator’s appointment, when they are being approached with a view to appointment. It is a continuing duty which also applies after their appointment. Where an arbitrator is appointed by someone other than the parties, the arbitrator may need to repeat their disclosure to the parties upon appointment. The duty extends to circumstances of which the arbitrator is aware, and of which they ought reasonably to be aware. Inserted section 23A is a mandatory provision (like the duty of impartiality in section 33 of the 1996 Act); the parties cannot agree to dispense with the duty of disclosure.