News & Analysis as of

Bias Impartiality

Oppenheimer Investigations Group

Key Insights for Impartial Investigations: Can One be Opinionated and Unbiased at the Same Time?

People, including investigators, have opinions, but that doesn’t necessarily get in the way of doing impartial investigations into school or workplace claims of misconduct, which often center around sensitive issues such as...more

Society of Corporate Compliance and Ethics...

How implicit bias affects hiring and team decision-making

Have you ever made an immediate connection with someone you just met, only to spend another 10 minutes with them and wonder: what you were thinking? What about the opposite? Initial impressions are part of being a human...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

Jones Day

Australia's Full Federal Court Affirms That Judicial Impartiality Overrides Case Management Considerations

Jones Day on

The Situation: It is increasingly common for Australian class actions to be brought by private plaintiffs at the same time as regulatory proceedings are brought by Australia's corporate, competition and other regulators in...more

Hogan Lovells

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

Hogan Lovells on

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

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

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter – Recent Developments in Risk Management – August 2020

Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...more

Faegre Drinker Biddle & Reath LLP

Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection

Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more

Thomas Fox - Compliance Evangelist

Ascending El Capitan and the ABA Guidelines on Monitors

I recently had the chance to sit down with Mikhail Reider-Gordon, Managing Director of Global Affairs at Affiliated Monitors, Inc. (AMI), for a five-part sponsored podcast series. One of the topics we considered is the...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

Proskauer - Minding Your Business

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

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