By: Sam Luttrell
Shows how 'dirty' challenge tactics are made viable primarily by the prevalence of a judicially derived test for bias which focuses on appearances, rather than facts and He argues that the most commonly used test of bias, the 'reasonable apprehension' test, makes it easy to allege a lack of impartiality and independence.
Book Overview: "Bias Challenges in International Commercial Arbitration" by Sam Luttrell
The book proposes a solution to the challenge of bias in international commercial arbitration by advocating for a more stringent "real danger" test. This test is contrasted with the commonly used "reasonable apprehension" test, which the author argues is too lenient and easily exploited by parties to delay or avoid arbitration.
The book delves into the issues surrounding bias challenges, including the prevalence of spurious allegations and the impact on the integrity of arbitral proceedings. It provides an in-depth analysis of the current judicially derived tests for bias and argues that these tests often focus on appearances rather than facts, making them vulnerable to abuse.
Positive Reception:
Book Reviews:
"Bias Challenges in International Commercial Arbitration" by Sam Luttrell is a seminal work that addresses the critical issue of bias in international commercial arbitration. The book provides a comprehensive analysis of the risks associated with bias, the abuse of procedural fairness, and proposes a more stringent "real danger" test to address these challenges. The critical reception indicates that the book is highly regarded for its insightful proposal and in-depth analysis, making it a valuable resource for the arbitration community.