Where a trial judge has conducted extensive ex parte hearings, made confidentiality orders, and held closed court proceedings over a lengthy pre-trial period, a reasonable apprehension of bias may arise requiring recusal, even where the judge believes the ex parte process was justified. Where an arbitration award finds that a principal wrongdoer's conduct did not cause loss, it is an abuse of process for the plaintiff to maintain accessorial liability findings against accessories based on the same conduct in separate court proceedings. The presumption that foreign law is the same as forum law applies to claims in contract, tort, and breach of fiduciary duty resting on 'broad principles likely to be part of any given legal system', but may not apply to specific statutory provisions such as taxation law. Equitable compensation cannot include an exemplary or punitive component.
The full text is available to signed-in members, including the 30 later cases that cite this judgment.
5 of the 30 citing cases carry a classified treatment. How each court treated it is available to signed-in members.