Impartiality

News & Analysis as of

Manager was not a “competent person” to conduct harassment / violence investigation under Canada Labour Code: Court

The Federal Court has held that a manager was not a “competent person” to conduct a workplace harassment investigation under the Canada Labour Code because the employee who filed the complaint had not agreed that the manager...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

Drawing the line on arbitrator impartiality

In a rare decision under s24 of the Arbitration Act 1996, the English court has recently taken the unusual step of removing an arbitrator due to concerns about his impartiality and conduct. While the view of the English...more

Arbitration Award Vacated Because Arbitrators Were Impartial

Although we usually expect arbitrators to be impartial, the Supreme Court of Texas vacated an arbitration award because the chosen arbitrators were too impartial. Americo Life, Inc. v. Myer, __S.W.3d__, 2014 WL 2789429 (Tex....more

Top 5 Ediscovery Case Summaries – June 2013: Texas - Mere Facebook Friendship Does Not Amount to Impartiality by Judge

Youkers v. State, 2013 WL 2077196 (Tex. App.—Dallas May 15, 2013). In this appeal of an assault conviction, the defendant argued that a Facebook friendship and Facebook communications between the trial judge and the...more

Sixth Circuit Paints Vivid Picture Of “Evident Partiality” Sufficient To Vacate Arbitration Award

One of the very few ways to show evident partiality by an arbitrator is to show the arbitrator had financial ties to a party or witness in the proceeding, another is to show the arbitrator prejudiced a party by reversing a...more

Contributions To Arbitrator’s Judicial Campaign Are Not Enough To Establish “Evident Partiality”

The Third Circuit refused to vacate an arbitrator’s award, despite allegations that she failed to disclose contributions the defendant’s parent company had made to her judicial campaign and failed to disclose that she...more

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