Bias Challenges in International Arbitration: The Need for a 'Real Danger' Test

Private international actors go to arbitration to avoid adjudicatory risks, especially the risk of bias.It follows that safeguarding procedural fairness is a key concern in arbitral processes, and thatexposing actual bias is crucial. However, evidence from both case law and institutional statisticsshows that wily parties are willing to abuse procedural fairness and cry bias as a way of delayingproceedings and escaping enforcement, and that the frequency of such spurious challenges isincreasing.

List of contents

1. Bias in International Commercial Arbitration. 2. Lord Hewart's Ghost (England). 3. Varying Approaches in Europe. 4. The American Way. 5. Competing Tests in the Asia Pacific. 6. Rules of Bias in the Lex Mercatoria. 7. Bias Challenges in Investor-State Arbitration. 8. Conclusion.

Product details

• Authors: Luttrell, Sam Luttrell
• Publisher: Wolters Kluwer Law & Business
• Languages: English
• Product format: Hardback
• Released: 01.01.2009
• EAN: 9789041131911
• ISBN: 978-90-411-3191-1
• No. of pages: 296
• Dimensions: 157 mm x 246 mm x 23 mm
• Weight: 680 g
• Series: International Arbitration Law; International Arbitration Law
• Subject: Social sciences, law, business > Law > International law, foreign law