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Conflicts of Interest International Arbitration

Husch Blackwell LLP

Fourth Circuit Clarifies Standards for Enforcing Foreign Arbitral Awards

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In Employers’ Innovative Network v. Bridgeport Benefits, No. 24-1350 (4th Cir. July 18, 2025), Employers contracted with Bridgeport, Capital Security, Inc., and a few other parties to obtain and administer employee health...more

Jones Day

International Bar Association Releases Updated Guidelines on Conflicts of Interest

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The Situation: In February 2024, the International Bar Association ("IBA") updated its Guidelines on Conflicts of Interest in International Arbitration ("Guidelines"). The Guidelines provide detailed guidance for arbitrators...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

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

Skadden, Arps, Slate, Meagher & Flom LLP

Arbitrator Ethics and the Panama Canal Case: the Eleventh Circuit Rejects an “Evident Partiality” Challenge to an Arbitration...

Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...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

K&L Gates LLP

Recent Development in Expert Evidence: The English Court Provides Guidance on Experts' Conflicts of Interests and Highlights the...

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This alert considers two recent English court judgments providing important guidance impacting expert evidence, first as regards conflicts of interest and, second, as regards the risks of an award being challenged for serious...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

Akin Gump Strauss Hauer & Feld LLP

New SIAC Rules: The Need For Refinement

Last month, the Singapore International Arbitration Centre (SIAC) started a review and revision of its 2016 Rules (the “2020 Review”). The 2016 Rules introduced a number of novel provisions to address “early dismissal of...more

Jones Day

Japan Legal Update - Volume 33 | February 2018

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Disputes - Supreme Court of Japan Overturns the Osaka High Court's Decision Setting Aside an Arbitral Award - On December 12, 2017, the Supreme Court of Japan (Third Petty Bench) overturned the Osaka High Court's...more

Pillsbury Winthrop Shaw Pittman LLP

Supreme Court of Japan Rules on Arbitrators’ Duty to Disclose Potential Conflicts

Decision adds new burden on arbitrators and creates ill-defined standard for compliance. Arbitrators conducting proceedings in Japan face new requirement of making “reasonable inquiries” throughout proceedings to identify...more

Latham & Watkins LLP

Subcommittee on IBA Arbitration Guidelines and Rules Report - 5 Key Takeaways

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The Report illustrates wide-spread use of IBA soft law instruments; provides snapshot of international arbitral practice and regional trends. The Subcommittee on IBA Guidelines and Rules recently released the results of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

Latham & Watkins LLP

International Arbitration Newsletter - July 2016

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Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

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