ReSolution Issue 26

December 2020

In this issue we feature multi-tiered dispute resolution clauses, the governing law of the arbitration agreement, whether an arbitration agreement protects a debtor from the threat of liquidation, and the government subsidised COVID-19 commercial lease arbitration and mediation service.

We also look at the much awaited UK Supreme Court judgment in Halliburton Company (Appellant) v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) (Respondent) [2020] UKSC 48 (on appeal from [2018] EWCA Civ 817) handed down on 27 November 2020, which concerns the extent to which an arbitrator can, without disclosure and without giving rise to an appearance of bias, accept appointments in multiple references concerning the same or overlapping subject matter with only one common party.

In Case in Brief, we examine Berkeley Square Holdings v Lancer Property Asset Management Ltd [2020] EWHC 1015 (Ch), a case in which the UK High Court held that statements made in a without prejudice mediation paper were admissible for the purpose of rebutting allegations of fraud.



  • “Mutli-tiered dispute resolution clauses: a reminder of the Court of Appeal’s split decision” Jo Delaney and Charlotte Hendriks
  • “English Supreme Court to decide approach to determining governing law of arbitration agreement” Craig Tevendale, Olga Dementyeva and Rebecca Warder
  • “Does an arbitration agreement protect a debtor from the threat of liquidation?” Kent Phillips, James Kwan, Jonathan Leitch, Ben Hornan, Chris Dobby,
    Bilshan Nursimulu, Dr Rishab Gupta and Mayuri Tiwari Agarwala
  • Case in Brief:  “High Court finds “without prejudice” statements contained in mediation paper were admissible to defend against allegation of fraud” Antonia Brindle
  • “The government subsidised arbitration and mediation service for commercial lease disputes due to COVID-19 restrictions”  Maria Cole
  • “FAQs on the Government subsidised COVID-19 Commercial Lease Disputes Arbitration and Mediation” Jesika Sabo and Maria Cole
  • “Arbitrators, independence and impartiality – important guideance from the UK Supreme Court (Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48)” Melissa Perkin
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