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

By Sam Luttrell

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 that exposing actual bias is crucial. However, evidence from both case law and institutional statistics shows that wily parties are willing to abuse procedural fairness and cry bias as a way of delaying proceedings and escaping enforcement, and that the frequency of such spurious challenges is increasing.

• Format: Hardcover
• Language: English
• ISBN: 9041131914
• ISBN13: 9789041131911
• Release Date: November 2009
• Publisher: Kluwer Law International
• Length: 296 Pages
• Weight: 1.50 lbs.
• Dimensions: 0.9" x 6.2" x 9.7"