News & Analysis as of

Bias Arbitrators

JAMS

How Advocates and Arbitrators May Use Psychology to Improve Panel Selection and Decision-Making

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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

Blake, Cassels & Graydon LLP

A Reasonable Apprehension: Ontario Court of Appeal Sets Aside Arbitral Award Due to Bias

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

Kennedys

Southern District of New York reiterates high standard for arbitrator removal on bias grounds

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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

McDermott Will & Emery

[Event] Arbitrator Challenges: When Personal Relationships or Professional Experience Lead to Disqualification - March 30th,...

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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

K&L Gates LLP

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

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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

JAMS

Breaking the Bias in International Arbitration: Party Autonomy and the Opportunity to Diversify

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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

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

JAMS

“My Story” Featuring Rebekah Ratliff, CCLS - A video snapshot of JAMS mediator and arbitrator Rebekah Ratliff

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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

Hogan Lovells

Cardinal duty – UK Supreme Court clarifies arbitrators' obligations of impartiality and disclosure

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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

Hogan Lovells

Halliburton v Chubb: UK Supreme Court clarifies the position on arbitrators’ duties of impartiality and disclosure in...

Hogan Lovells on

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

A&O Shearman

UK Supreme Court clarifies English law on arbitrators’ duties of impartiality, disclosure and confidentiality

A&O Shearman on

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

White & Case LLP

UK Supreme Court clarifies arbitrator’s duty of disclosure when accepting multiple appointments in related arbitrations

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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

Akin Gump Strauss Hauer & Feld LLP

U.K. Supreme Court Confirms That Arbitrators Are Under a Legal Duty to Disclose Matters Which Would or Might Create an Appearance...

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

WilmerHale

Halliburton v Chubb: U.K. Supreme Court Rules on Arbitrator Bias

WilmerHale on

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

BCLP

Halliburton v Chubb: The Future of Repeat Appointments

BCLP on

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

Akin Gump Strauss Hauer & Feld LLP

English Court of Appeal Lowers the Bar for Arbitrator Disclosure

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

Carlton Fields

UK Court Refuses To Remove Arbitrator For Alleged Bias

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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

Carlton Fields

District Court Find No Federal Question Jurisdiction In Action Challenging Arbitration Award Based On Arbitrator Bias

Carlton Fields on

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

Morgan Lewis

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

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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

JAMS

Importance of Neutrality

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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

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