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97 Tex. L. Rev. Online 1 (2018-2019)

handle is hein.journals/seealtex97 and id is 1 raw text is: Texas Law Review Online Volume 97 Article English Justice for an American Company? Christopher C. French* I. Introduction Imagine finding yourself in litigation in a foreign country. Then, imagine learning that, in the past, your opponent has routinely hired the person who will be the neutral adjudicator in your case. Now imagine that since the commencement of the litigation your opponent subsequently has appointed the adjudicator to also be its party-appointed arbitrator in other pending disputes arising out of the same incident that has given rise to your dispute. And, imagine that neither the adjudicator nor your opponent discloses the adjudicator's appointments in the other pending disputes. Would you feel like the adjudicator is going to treat your case fairly and impartially? Assuming the case does not involve a car accident caused by an American tourist in a third world country that is being adjudicated in a sham trial, do you think the judge would remove the neutral adjudicator if you were to challenge the adjudicator for potential bias in favor of your opponent? If you said yes, then you would be wrong in an English arbitration proceeding pursuant to a Bermuda Form insurance policy. This scenario is not a hypothetical situation. The material elements of this scenario currently are unfolding in English courts for Halliburton Company (Halliburton), a Fortune 100 company based in Houston with approximately 55,000 employees and operations in about 70 countries. On April 20, 2010, when a deep-water oil well in the Gulf of Mexico was in the process of being plugged and temporarily abandoned, the well * Christopher C. French is a Professor of Practice at Penn State Law School; J.D., Harvard Law School; B.A., Columbia University. 1. HALLBURTON Co., 2017 ANNUAL REPORT, FORM 10-K 1 (2018).

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