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What is arbitration?
Polsinelli Podcasts - Protecting Policy Holders From Arbitration Bias
Since 2017, when I edited The Roles of Psychology in International Arbitration, articles on psychology have become a standard feature of edited collections on arbitration and in talks on psychology at arbitration conferences....more
In Vento Motorcycles, Inc. v. Mexico, the Court of Appeal for Ontario set aside the award of an arbitral panel due to a reasonable apprehension of bias on the part of one panel member. In coming to its decision, the Court of...more
Applications to disqualify arbitrators or vacate arbitration awards due to the alleged bias of a panel member made in United States courts are often met with significant resistance. Courts have long recognized that...more
Recent decisions concerning requests to disqualify arbitrators have revived the debate on subjects like issue bias and double-hatting. Other decisions have raised new questions regarding the line between, on one hand,...more
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
The popularity of international commercial arbitration is growing. Unsurprisingly, in our global commercial environment, shifting international alliances and concerns about unreliability or jurisdictional obstacles of various...more
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
Rebekah is a credentialed complex commercial insurance claims professional with more than 25 years of experience in evaluating, negotiating and settling complex casualty claims loss matters nationwide and internationally,...more
The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the Supreme Court recognised for the first time that there is an ongoing, statutory duty in English law, which requires arbitrators to disclose facts or...more
The UK Supreme Court has delivered its long-awaited decision in Halliburton v Chubb1 regarding an arbitrator's duty to disclose multiple appointments in related arbitrations. In a decision of significance to the international...more
In a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion...more
On 27 November 2020, the U.K. Supreme Court in Halliburton Company v Chubb Bermuda Insurance Ltd (formerly known as Ace Bermuda Insurance Ltd) [2020] UKSC 48 ruled on the approach under English law to determining whether an...more
The English Supreme Court (Lord Reed, Lord Hodge, Lady Black, Lord Lloyd-Jones, and Lady Arden) has finished hearing two days of submissions in the Halliburton Company v Chubb Bermuda Insurance Limited appeal. The core...more
In a recent important decision for arbitrations seated in England, the English Court of Appeal has, for the first time, considered the scope of arbitrators’ duty of disclosure. The court in Halliburton v. Chubb found that the...more
A court in the United Kingdom refused to remove an arbitrator for perceived bias where the arbitrator was appointed to arbitrate multiple disputes arising from the same underlying incident triggering insurance coverage. A...more
A federal court has rejected the attempt of the losing party in an arbitration to engage in discovery regarding the potential bias of the arbitrator, finding that it had no jurisdiction over the matter because it did not...more
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
October 12 kicked off the 2015 ABA Mediation Week. This year’s theme is “Mediation: Successes, Challenges, Trends and the Next Generation: Looking to the past, present and future.” Lawyers and mediators understand both the...more