Arbitrators have a duty to investigate potential
conflicts of interest which is just as important, if not more, as the conflict checks parties to the arbitration undertake.
Sisu Capital Fund Ltd & Anr v Tucker & Ors [2006] BCC 463 Applications in the TXU insolvencies for the revocation or suspension of voluntary arrangements under s. 6 IA 1986 on the grounds that they unfairly prejudiced creditors of the Companies, that there were material irregularities in relation to the creditors» meetings and that there were
conflicts of interest which were not properly managed by the supervisors; and applications to remove the supervisors of the CVAs.
The focus of the regulation is on managing
conflicts of interest which has the potential to provide substantial protections for class action participants, depending on how the requirements are implemented.
Trump reportedly argued that Mueller had
a conflict of interest which prevented him from handling the Russia probe fairly.
He was a former deputy editor at the News of the World before being re-hired by the Met to provide communications services, a potential
conflict of interest which prompted intense scrutiny over the weekend.
While doing my research, I came across terms like, complicated accounting and
conflict of interest which should make any author shake in their boots.
They say that they are doing this but both the KC and breed clubs have
a conflict of interest which is probably insurmountable.
He takes the position that the IPCC has procedures on author selection, author - team balance and newly reinvigorated procedures on
conflict of interest which, if properly and transparently enforced, don't need further tightening.
The reason for requesting disclosure is that the information may give rise to the knowledge of a potential
conflict of interest which can thereafter be disclosed and dealt with appropriately, depending on the situation, without jeopardising the integrity of proceedings or more importantly of the consequential decision.
Not exact matches
Important factors that could cause actual results to differ materially from those reflected in such forward - looking statements and that should be considered in evaluating our outlook include, but are not limited to, the following: 1) our ability to continue to grow our business and execute our growth strategy, including the timing, execution, and profitability
of new and maturing programs; 2) our ability to perform our obligations under our new and maturing commercial, business aircraft, and military development programs, and the related recurring production; 3) our ability to accurately estimate and manage performance, cost, and revenue under our contracts, including our ability to achieve certain cost reductions with respect to the B787 program; 4) margin pressures and the potential for additional forward losses on new and maturing programs; 5) our ability to accommodate, and the cost
of accommodating, announced increases in the build rates
of certain aircraft; 6) the effect on aircraft demand and build rates
of changing customer preferences for business aircraft, including the effect
of global economic conditions on the business aircraft market and expanding
conflicts or political unrest in the Middle East or Asia; 7) customer cancellations or deferrals as a result
of global economic uncertainty or otherwise; 8) the effect
of economic conditions in the industries and markets in
which we operate in the U.S. and globally and any changes therein, including fluctuations in foreign currency exchange rates; 9) the success and timely execution
of key milestones such as the receipt
of necessary regulatory approvals, including our ability to obtain in a timely fashion any required regulatory or other third party approvals for the consummation
of our announced acquisition
of Asco, and customer adherence to their announced schedules; 10) our ability to successfully negotiate, or re-negotiate, future pricing under our supply agreements with Boeing and our other customers; 11) our ability to enter into profitable supply arrangements with additional customers; 12) the ability
of all parties to satisfy their performance requirements under existing supply contracts with our two major customers, Boeing and Airbus, and other customers, and the risk
of nonpayment by such customers; 13) any adverse impact on Boeing's and Airbus» production
of aircraft resulting from cancellations, deferrals, or reduced orders by their customers or from labor disputes, domestic or international hostilities, or acts
of terrorism; 14) any adverse impact on the demand for air travel or our operations from the outbreak
of diseases or epidemic or pandemic outbreaks; 15) our ability to avoid or recover from cyber-based or other security attacks, information technology failures, or other disruptions; 16) returns on pension plan assets and the impact
of future discount rate changes on pension obligations; 17) our ability to borrow additional funds or refinance debt, including our ability to obtain the debt to finance the purchase price for our announced acquisition
of Asco on favorable terms or at all; 18) competition from commercial aerospace original equipment manufacturers and other aerostructures suppliers; 19) the effect
of governmental laws, such as U.S. export control laws and U.S. and foreign anti-bribery laws such as the Foreign Corrupt Practices Act and the United Kingdom Bribery Act, and environmental laws and agency regulations, both in the U.S. and abroad; 20) the effect
of changes in tax law, such as the effect
of The Tax Cuts and Jobs Act (the «TCJA») that was enacted on December 22, 2017, and changes to the interpretations
of or guidance related thereto, and the Company's ability to accurately calculate and estimate the effect
of such changes; 21) any reduction in our credit ratings; 22) our dependence on our suppliers, as well as the cost and availability
of raw materials and purchased components; 23) our ability to recruit and retain a critical mass
of highly - skilled employees and our relationships with the unions representing many
of our employees; 24) spending by the U.S. and other governments on defense; 25) the possibility that our cash flows and our credit facility may not be adequate for our additional capital needs or for payment
of interest on, and principal
of, our indebtedness; 26) our exposure under our revolving credit facility to higher
interest payments should
interest rates increase substantially; 27) the effectiveness
of any
interest rate hedging programs; 28) the effectiveness
of our internal control over financial reporting; 29) the outcome or impact
of ongoing or future litigation, claims, and regulatory actions; 30) exposure to potential product liability and warranty claims; 31) our ability to effectively assess, manage and integrate acquisitions that we pursue, including our ability to successfully integrate the Asco business and generate synergies and other cost savings; 32) our ability to consummate our announced acquisition
of Asco in a timely matter while avoiding any unexpected costs, charges, expenses, adverse changes to business relationships and other business disruptions for ourselves and Asco as a result
of the acquisition; 33) our ability to continue selling certain receivables through our supplier financing program; 34) the risks
of doing business internationally, including fluctuations in foreign current exchange rates, impositions
of tariffs or embargoes, compliance with foreign laws, and domestic and foreign government policies; and 35) our ability to complete the proposed accelerated stock repurchase plan, among other things.
The more
interesting question, at this point, is
which country, the US or China, will suffer most — and
which one is the most likely to plead for compromise as the stakes
of conflict ratchet higher and higher.
The
conflicts of interest law —
which carries federal criminal penalties — avoids those issues by exempting the President and Vice President from its provisions.
Several people have asked me why the federal
conflicts of interest law,
which bars every lowly executive branch official from acting on matters that affect their personal financial
interests, won't apply to President Donald Trump.
Cohn and his family members held about $ 220 million in Goldman stock,
which he had to divest in order to resolve possible
conflicts of interest before becoming White House economic adviser.
Rubin was on the brink
of raising $ 100 million (# 77 million) from Japanese tech giant SoftBank but the funding fell through due to a
conflict of interest with Apple,
which has partnered with SoftBank on its $ 100 billion (# 770 million) Vision Fund.
If you are in doubt as to whether you have a
conflict, you must disclose and can not influence or take part in a decision, transaction, arrangement or otherwise in
which you can be perceived to have an
interest, direct or indirect; can not be seen to be impartial from an outsider point
of view; or receive a benefit not shared by other shareholders.
But the term «perceived
conflict of interest» is properly reserved for situations in
which the concerned observers might understandably but wrongly think that the decision - maker had an external
interest that could have influenced his decision - making, perhaps because outsiders are misinformed about who was responsible for what decisions.
A
conflict of interest is a situation in
which a decision - maker is entrusted with making important decisions on behalf
of someone else, and in
which that decision - maker has some further, «outside»
interest (often, but not always, financial)
which may stand to influence their decision making.
That sounds right, but even prior to the actual abuse, there's a
conflict of interest implicit in the idea that the Mayor would exercise discretion in this way over
which papers to communicate with.
Impartial Conduct Standards and the related definitions
of «Best
Interest» and «Material
Conflict of Interest,»
which will become applicable on June 9, 2017.
Impartial Conduct Standards, and Sections VI (b) and (h),
which define «Best
Interest,» and «Material
Conflicts of Interest,» all
of which are applicable June 9, 2017.
A Thursday New York Times story revealed that investment firm Andreessen Horowitz,
which has a stake in Instagram, just led a $ 5 million funding round for the parent company
of competitor Picplz —
which in turn caused a blogger at Business Insider to wonder whether the apparent
conflict of interest indicates that Instagram has been sold.
The Fiduciary Rule and PTEs followed an extensive public rulemaking process in
which the Department evaluated a large body
of academic and empirical work on
conflicts of interest, and determined that
conflicted advice was causing harm to retirement investors.
«We can define a
conflict of interest as a situation in
which a person has a private or personal
interest sufficient to appear to influence the objective exercise
of his or her official duties as, say, a public official, an employee, or a professional.»
«It is the inappropriate and problematic way in
which Whitecoat operates that makes the ADA highly sceptical
of the extent to
which Whitecoat could obtain and provide meaningful, objective PROM type information without having its business
interests conflict,» he said.
The contract must clearly disclose any
conflicts of interest that do exist, and must give the client instructions as to how he or she can obtain online access to compensation arrangements entered into by the insurance carrier (the final rule, however, provides for a streamlined disclosure pursuant to
which individualized information about specific advisors need not be listed).
This week, the DOL delayed the effective date
of its Fiduciary Rule —
which would define all retirement plan financial advisors as ERISA fiduciaries, effectively banning
conflicted 401 (k) investment advice that puts advisor profit ahead
of client
interests — by 60 days from April 10, 2017 to June 9, 2017.
Potential
conflicts of interest may arise as a result
of common directorship between Gluskin Sheff and an issuer in
which accounts or funds managed by Gluskin Sheff may invest.
«Otherwise they're depending on us to review our fees,
which is a
conflict of interest.»
Also facing a questionable future is the Labor Department's Fiduciary Rule,
which regulates how financial advisors service their clients, specifically by eliminating
conflicts of interest.
Nevertheless, the questionable circumstances under
which it did so in the immediate aftermath
of the election demonstrates just how many avenues there are for Trump's
conflicts of interest to interfere with governance around the world.
The General Services Administration,
which manages property owned by the federal government, including the Old Post Office housing the Trump International Hotel, has said the lease would violate federal
conflict -
of -
interest rules once the Republican businessman is sworn in on Jan. 20, according to a letter to the agency from lawmakers.
Unlike a number
of the events at Trump properties that have been featured in this list
of Trump's
conflicts of interest, the Red Cross Ball,
which celebrated the organization's centennial anniversary, appears to have been scheduled before Trump even received the Republican nomination for president; a calendar listing on the website
of the Coastal Star, a local newspaper covering events in the Palm Beach area, is recorded as having been placed in April 2016.
When it was announced in January, the expansion drew criticism almost immediately, especially coming as it did only three days after the press conference at
which Trump unveiled his half - hearted plan to resolve his
conflicts of interest.
For example, the Department
of Labor delayed the full implementation
of the fiduciary rule,
which would have required anyone who handles retirement assets or gives financial advice to retirement savers to work in their clients» best
interest and to provide disclosure
of conflicts, when they exist.
The rule requires that distributors
of financial products into retirement accounts proceed on the basis
of a fiduciary relationship and is aimed at removing potential
conflicts of interest in
which distributors steer clients into products because
of higher commission revenue — unless distributors operate under an exemption.
To the contrary, the annals
of corporate law are replete with instances in
which managers faced with a
conflict of interest did the right thing.
Never invest or undertake any business dealings at all in a country in
which I have an advisory responsibility, so that there is absolutely no
conflict of interest;
In her report, Warren reiterates her support for that rule,
which she says would «protect consumers from these types
of abuses,» and would «put an end to these
conflicts of interest.»
According to Bullard, «the DOL has laid out in detail written documentation examples
of material
conflicts of interest and the firm's program for mitigating them,
which is a virtual roadmap — and also an evidentiary motherlode for bringing both arbitration claims and class actions against firms.»
Furman and Betsey Stevenson, another council member, provide what they describe as «evidence» that proves DOL's draft «
Conflict of Interest Rule for Retirement Savings,»
which seeks to broaden the definition
of who is a fiduciary under the Employee Retirement Income Security Act, is sorely needed.
Zients noted on the Tuesday afternoon call that a little over a year ago President Barack Obama «called for action to crack down on
conflicts of interest in retirement advice,
which costs American families billions
of dollars every year.»
The meeting with lobbyists from Ballard Partners,
which came two months after Bernhardt met with another lobbyist for MGM Resorts, raises still more ethical concerns involving the former energy lobbyist at a time when Secretary Ryan Zinke and his team are facing mounting criticism over their spending, travel and apparent
conflicts of interest.
He had his own personal cryptocurrency accounts,
which he informed his employer
of, and he was told to cease all personal trading to avoid a
conflict of interest.
Lastly, Mr Prentice can promise to ask Agriculture Minister Verlyn Olson to terminate Mr Berger's contract because it violates Alberta's
conflict of interest rules that require a one year cooling off period before a former government minister can work for the public service in an area in
which he's had significant dealings.
Ms. Gray is also Minister Responsible for Democratic Renewal, a role that coincides with her position as chairperson
of the Select Special Ethics and Accountability Committee,
which is reviewing the Election Act, the Election Finances and Contributions Disclosure Act, the
Conflicts of Interest Act, and the Public
Interest Disclosure (Whistleblower Protection) Act.
Specifically, the SEC's action alleges that a registered fund manager invested fund assets in two high - risk private technology companies he founded without disclosing the attendant
conflicts of interest to investors, and in contravention
of fund offering documents
which stated that he would invest fund assets primarily in publicly traded securities.
Fee - based advisors do not have a duty to disclose their method
of compensation,
which can create a
conflict of interest between what is best for you and what is best for the advisor.
These responsibilities include: (i) fostering processes that allow the Board to function independently
of management and encouraging open and effective communication between the Board and management
of the Company; (ii) providing input to the Chairman on behalf
of the independent Directors with respect to Board agendas; (iii) presiding at all meetings
of the Board at
which the Chairman is not present, as well as regularly scheduled executive sessions
of independent Directors; (iv) in the case
of a
conflict of interest involving a Director, if appropriate, asking the
conflicted Director to leave the room during discussion concerning such matter and, if appropriate, asking such Director to recuse him or herself from voting on the relevant matter; (v) communicating with the Chairman and the CEO, as appropriate, regarding meetings
of the independent Directors and resources and information necessary for the Board to effectively carry out its duties and responsibilities; (vi) serving as liaison between the Chairman and the independent Directors; (vii) being available to Directors who have concerns that can not be addressed through the Chairman; (viii) having the authority to call meetings
of the independent Directors; and (ix) performing other functions as may reasonably be requested by the Board or the Chairman.
«A subsequent scrutiny
of the charity's accounts by the commission identified regulatory concerns
which include potential significant loss
of charitable funds, trustee benefits,
conflicts of interest and connected party transactions.