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Conflicts of Interest Arbitration

EDRM - Electronic Discovery Reference Model

It is Important to Understand an E-Discovery Vendor’s Contract

In Digital Forensics Corporation, LLC v. King Machine, Inc., __ So.3d __, 2025 WL 63935 (Ala. Sup. Ct. Jan. 10, 2025), the issue was whether an electronic discovery services vendor, DFC, could compel its former client to...more

JAMS

10 Reasons Why Companies Prefer to Resolve International Commercial Disputes by International Arbitration

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Because we live in an imperfect world, disputes regarding the performance of contractual and legal obligations will occur. The growth in the volume of international transactions will lead to a corresponding increase in the...more

Bracewell LLP

FINRA Facts and Trends: April 2024

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Welcome to the latest issue of Bracewell’s FINRA Facts and Trends, a monthly newsletter devoted to condensing and digesting recent FINRA developments in the areas of enforcement, regulation and dispute resolution. This month,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Rising Challenges in Arbitration: Post-Award Bias Allegations and the Evolving Standards of Conflict Disclosure

Users of arbitration know that one of the most important decisions they can make is the selection of the arbitrator. As arbitration grows more ubiquitous, more experienced arbitrators are being selected more frequently, and...more

Fox Rothschild LLP

Litigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By...

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Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts...more

Fox Rothschild LLP

Another Petition to U.S. Supreme Court Seeks Review of the Standard Governingthe Vacatur of Arbitration Awards Based on Arbitrator...

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The standard that courts should apply in deciding whether to vacate an arbitration award based on arbitrator conflicts of interest is drawing increased focus in appeals to the United States Supreme Court. As this blog...more

Fox Rothschild LLP

Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the...

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A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Class Representatives and Overtime

This week, the Ninth Circuit considers the adequacy of a class representative and addresses the Fair Labor Standards Act’s overtime exceptions. KIM v. TINDER, INC. The Court holds that a named plaintiff bound by an...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

Davis Wright Tremaine LLP

Broker Dealer Regulatory Digest - August 2023

The following newsletter provides a roundup summarizing enforcement actions, guidance, rulemakings, and other public statements taken by a federal and/or state financial services regulatory agency, specifically focusing on:...more

Vinson & Elkins LLP

The Law Commission's Proposed Revisions to the Arbitration Act 1996

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On 22 September 2022, the Law Commission of England and Wales (the “Commission”) published its Consultation Paper (the “Consultation Paper”) detailing a suite of proposed revisions to the Arbitration Act 1996 (the “Act”)....more

NAM (National Arbitration and Mediation)

Important Considerations For Counsel Engaging In The Arbitrator Panel Selection Process

Arbitrator codes of conduct, which set out considerations and behavioral standards for arbitrators, including those conducting insurance and reinsurance arbitrations, require that arbitrators carefully consider whether they...more

Fox Rothschild LLP

Florida Federal Court To Examine Issues Of Alleged Arbitrator Conflicts Of Interests In Panama Canal Case

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The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce...more

A&O Shearman

Global expert services firm breaches conflicts undertaking by appointments in related arbitrations

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The obligations of an expert services provider to avoid a conflict with its client’s interests should be assessed by reference to the expert’s retainer and not (as was held at first instance) by reference to a freestanding...more

White & Case LLP

Fiduciary or Contractual? Experts' Duties and Conflicting Interests

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In the case of (1) Secretariat Consulting Pte Ltd, (2) Secretariat International UK Ltd, (3) Secretariat Advisors LLC v A Company [2021] EWCA Civ 6, the Court of Appeal upheld the decision of the Technology and Construction...more

White & Case LLP

EU General Court delivers ruling on the application of EU competition law to sports authorization rules and upholds the role of...

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The General Court of the European Union (the "General Court") has confirmed this week that the eligibility rules of the International Skating Union ("ISU"), which penalized athletes participating in competitions not...more

Holland & Knight LLP

International Chamber of Commerce Updates Its Arbitration Rules for 2021

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The International Court of Arbitration of the International Chamber of Commerce (ICC) published on Dec. 1, 2020, a new version of its Arbitration Rules (2021 Rules), which will apply to all cases registered as of Jan. 1,...more

White & Case LLP

New 2021 ICC Arbitration Rules

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As it continues to enjoy record caseloads during the COVID-19 pandemic, the International Court of Arbitration of the International Chamber of Commerce (the "ICC" or "Court") sets out its vision for the future of dispute...more

Fox Rothschild LLP

2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency And Addresses COVID-19 Issues

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The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve...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

Hogan Lovells

What you need to know about the revised ICC Rules

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Following the recent trend of periodic incremental updates to the arbitral rules of major institutions, the International Chamber of Commerce (ICC) has published the draft text of its revised 2021 Arbitration Rules. The...more

Fox Rothschild LLP

The Importance Of Arbitrator Impartiality And Lack Of Conflicts Of Interest

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Arbitration awards may be vacated or annulled based on arbitrator conflicts of interest and even just an appearance of impropriety. Read how different arbitrations deal with disqualification motions. The Importance of...more

Jones Day

ICC Adopts 2021 Rules of Arbitration

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The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements. On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more

Carlton Fields

S.D.N.Y. Affirms Arbitration Award Over Challenge to Impartiality of Arbitrator

Carlton Fields on

Schuyler Line Navigation Co., LLC (“SLNC”) argued, in part, that the arbitrator’s partiality should be inferred from his previous representation of KPI Bridge Oil, Inc. (“KPI”) and its affiliates, alleged hope for future...more

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