Insights

On September 12, 2024, the Department of Health and Human Services’ (“HHS”) Office of Research Integrity (“ORI”) released a final rule updating 42 CFR Section 93, Public Health Service Policies (“PHS”) on Research Misconduct (“Final Rule”). The research misconduct rule was promulgated almost 20 years ago without subsequent revision, until now. It affects all recipients of Public Health Service funding for biomedical or behavioral research, requiring them to update their policies and procedures governing research misconduct to remain in compliance with the regulation.

In February 2024, the International Bar Association (“IBA”) released its most recent version of the IBA Guidelines on Conflicts of Interest in International Arbitration (“2024 IBA Guidelines”). In close succession, the United States Supreme Court denied a petition for certiorari for review of an Eleventh Circuit decision upholding arbitrator impartiality. These two events underscore the importance of arbitrator impartiality and disclosure of even potential conflicts of interest.

The past two years have seen substantial updates to procedural rules governing the American Arbitration Association’s International Centre for Dispute Resolution (AAA-ICDR), as well as institutional efforts to increase efficiency, transparency and diversity.