Apparent bias in arbitration: what did the ‘fair-minded and informed observer’ think in Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading Limited and others?

Nedeva, Stanislava ORCID: https://orcid.org/0000-0002-0067-1838 2025. Apparent bias in arbitration: what did the ‘fair-minded and informed observer’ think in Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading Limited and others? Journal of International Trade and Arbitration Law 14 (1) , pp. 177-190. Item availability restricted.

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Abstract

This article provides a case commentary on the judgment delivered by the English Commercial Court in the case Aiteo Eastern E & P Company Limited v Shell Western Supply and Trading Limited and others [2024] EWHC 1993. It concerns the challenge of arbitral awards on grounds of serious irregularity which was based on an allegation of apparent bias.It is a case that renews interest in the topics of apparent bias and the common law test of the fair-minded and informed observer. Particularly significant in this judgment have been the repeat arbitral appointments and expert instructions, as well as the extent of disclosure obligations. The judgment was delivered after the Supreme Court’s decision in the landmark Halliburton v Chub [2020] case, as well as at a time when the future faith of the Law Commission’s proposed bill to reform the English Arbitration Act 1996 is still pending.

Item Type:	Article
Status:	Published
Schools:	Schools > Law
Publisher:	University of Edinburgh
Date of First Compliant Deposit:	1 August 2025
Last Modified:	01 Aug 2025 07:45
URI:	https://orca.cardiff.ac.uk/id/eprint/180192

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