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Bias › Dispute Resolution

JAMS

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

JAMS on

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

La Cour d’appel de l’Ontario annule une sentence arbitrale en raison d’une crainte raisonnable de partialité

Blake, Cassels & Graydon LLP on

Dans l’affaire Vento Motorcycles, Inc. v. Mexico (l« affaire Vento »), la Cour d’appel de l’Ontario (la « CAO ») a annulé une sentence prononcée par une formation arbitrale (la « sentence »), en raison d’une crainte...more

IR Global

Keeping it human

IR Global on

Disputes, AI and modern law - Q1 How should parties seek and agree a seat for ADR, and what advantages does your jurisdiction offer?...more

Kennedys

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

Kennedys on

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,...

McDermott Will & Emery on

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

NAM (National Arbitration and Mediation)

Party-Appointed Arbitrators On The Precipice

NAM (National Arbitration and Mediation) on

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

Holland & Hart - Your Trial Message

Continue the Conversation

Holland & Hart - Your Trial Message on

From readers of this blog, I sometimes hear, “I don’t always agree with you, but I always find you worth reading.” That is one of my favorite compliments, because of, and not despite, the disagreement. It wouldn’t be that...more

Burr & Forman

Arbitration Clauses Under Attack – Do They Harm Consumers?

Burr & Forman on

Arbitration clauses are a common feature in a large part of my business litigation practice. They are generally enforceable under both federal and state statutes (e.g., the Federal Arbitration Act and the Tennessee Uniform...more

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