News & Analysis as of

Bias Arbitration Awards

Fox Rothschild LLP

Litigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By...

Fox Rothschild LLP on

Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts...more

Proskauer - Minding Your Business

Federal Court Upholds Arbitral Award Despite Failures to Disclose Potential Bias

The Eleventh Circuit upheld an arbitral award last month despite the arbitrators’ failure to make certain disclosures regarding potential sources of bias. The litigation involved a dispute between the Panama Canal Authority,...more

K&L Gates LLP

Arbitrator Bias and Conduct - Contrasting Fortunes of Recent Challenges Under Sections 24 and 68 of the Arbitration Act 1996

K&L Gates LLP on

Acting impartially as between the parties is a “cardinal duty” of an arbitrator, as enshrined in s33 of the Arbitration Act 1996 (the Act). Failure to observe this fundamental duty can lead to applications for the removal of...more

NAM (National Arbitration and Mediation)

Party-Appointed Arbitrators On The Precipice

Concerns about bias and prejudice from multiple repeat appointments have plagued party-appointed arbitrators for years. This is true of international arbitration, commercial arbitration and, of course, insurance and...more

Carlton Fields

Court Vacates Arbitration Award on Grounds of Evident Partiality

Carlton Fields on

City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more

Carlton Fields

Court Holds Alleged Industry Bias Among Arbitrators Insufficient To Vacate Award

Carlton Fields on

The case concerned two purchase orders whereby defendant BJB LLC dba Agri Trading (Agri Trading) agreed to purchase corn oil from plaintiff Hardy Industrial Technologies, Inc. (Hardy). A dispute arose and was submitted for...more

Carlton Fields

UK Court Addresses Arbitrator’s Purported Conflict Of Interest

Carlton Fields on

A dispute arose over a project in Iraq between a British Virgin Island claimant and a Malaysian defendant with a sole Canadian QC arbitrator. The claimant’s challenge of the arbitrator’s award was based upon bias because of...more

Carlton Fields

Ninth Circuit Reverses District Court’s Order Vacating Arbitration Award Based On Evident Partiality

Carlton Fields on

This appeal is from an order from a district court in California, vacating an arbitration award against Masimo Corporation in favor of two former employees for $5.3 million because the court found that the arbitrator...more

Morgan Lewis

English High Court Rejects Challenge to Arbitral Award on Basis of Apparent Bias

Morgan Lewis on

A recent case raised an interesting issue regarding the relationship between English law, which suggested there was no apparent bias, and the International Bar Association Guidelines on Conflicts of Interest in International...more

Carlton Fields

Court Denies Terminated Employee’s Motion To Vacate Arbitration Award For Failure To Show Bias, Misconduct, Or Manifest Disregard

Carlton Fields on

A district court refused to vacate an arbitration award where Preis, a terminated employee, failed to produce sufficient evidence of bias or misconduct in the arbitration panel’s decision. Preis moved to vacate the award in...more

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