"Issue Conflict" in Arbitration as apparently [un]seen in 2011 by a U.S. Court in STMicroelectronics vs. Credit Suisse Securities
Article from: TDM 3 (2012), in Case Comments & Awards
Introduction
An issue conflict can be defined as a struggling, competitive or opposing drive caused by the wish, impulse or internal demand originated by statements made by a person in her private interests, against the responsibility of that same person as an arbitrator to decide a case without predispositions or preconceptions about a legal question or point that equal bias. It is related to the concept of arbitrator impartiality and independence (and appearance thereof), albeit much more remotely than, for example, questions about connections with a specific party or the direct and immediate legal ...