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Allegations of Apparent Bias or Suspicion of Bias Must Be Substantiated by Sustainable Evidence: Speculative Evidence Will Not Do

Abstract

Allegations of bias against arbitrators or arbitral tribunals are not uncommon in the world of commercial arbitration. The High Court has been required to deal with a number of allegations of bias, but the cases of “actual bias” have been rather limited so far. Most of the cases on which the High Court or the Court of Appeal has been required to deliver judgment are on either apparent bias or suspicions of bias. In order to minimise court proceedings on this issue, two important issues need to be seriously considered: (a) whether apparent bias or suspicion of bias may be sustained by admissible evidence like it is done in order to confirm “actual bias” in arbitrators or arbitral tribunals; and (b) the arbitrator or the tribunal shall as the case may be resign or require the parties to substitute a tribunal afresh as otherwise even if no allegation of bias has been confirmed by the courts, the party concerned will still be reluctant to have the award enforced. Arbitrators or the arbitral tribunal as the case may be always protest against the allegations to their governing bodies concerned.

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Author

Portrait image of Professor Charles Chatterjee
Professor Charles Chatterjee
Senior Research Fellow, Global Policy Institute , UK

Professor Charles Chatterjee who studied law at the University of Cambridge and the University of London is a Barrister in England and Wales and has also acted as an arbitrator. A commercial law specialist (international) with special interest and knowledge in international organisations and their functions in addition to court experience in law as a practising barrister in England and Wales. A consultant to international organisations and private corporations in addition to conducting capacity building training programmes in various countries. Articles in IICJ: “Recognition and Enforcement of Arbitral Awards: How Effective is Article V of the New York Convention of 1958?” International In-house Counsel Journal Vol. 9, No. 36, Summer (2016), 1 “Decisions of ICSID Tribunals on Procedural Issues may not be Confused with their Awards” International In-house Counsel Journal Vol. 10, No 37, (2016) “CAPE DISTRIBUTION LTD v CAPE INTERNATIONAL HOLDINGS PLC How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries”, International In-house Counsel Journal Vol.11, No. 42, (2018)

Company

Global Policy Institute

Academic Institution

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