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Applying, literally, a state statutory definition of bias based upon nondisclosure, the California appellate court vacated an award by Arbitrator Kagel, even though no actual bias was shown. The Court…

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The author addresses whether arbitrators face improper conflicts of interest when trying to please repeat-player clients or when serving as party-appointed arbitrator advocates.

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The search for truth: Comment

Attorney McFall describes the impediments to ascertaining the truth, and the usefulness of complete and timely pre-hearing disclosure and the production of witnesses with knowledge of the facts. He opines…

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A review of cases overturned on the basis of the evident partiality of the arbitrator. The author emphasizes the duty to disclose to the parties any current or past relationships…

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An arbitrator brings his or her experience, knowledge and personal dispositions to the arbitration hearing. The tension between those factors and the duty of arbitral neutrality are discussed….

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