Bias Challenges in International Commercial Arbitration
The Need for a 'real Danger' Test
By: Sam Luttrell
About This Book
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.
AI Overview
Book Overview: "Bias Challenges in International Commercial Arbitration" by Sam Luttrell
Key Themes
- Risk of Bias in Arbitration: The book focuses on the significant risk of bias in international commercial arbitration, which can undermine the integrity and fairness of arbitral proceedings.
- Procedural Fairness: It emphasizes the importance of safeguarding procedural fairness in arbitration to ensure that the process is impartial and unbiased.
- Abuse of Procedural Fairness: The author highlights how some parties abuse procedural fairness by making spurious bias challenges to delay proceedings and avoid enforcement of arbitral awards.
- Need for a Uniform Test: The book argues for the need for a uniform test to address bias challenges, particularly advocating for the use of a "real danger" test derived from the House of Lords' decision in Gough.
Plot Summary
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.
Critical Reception
Positive Reception:
- Insightful Proposal: The book is described as offering an insightful proposal grounded in legal principle and precedent, providing a valuable contribution to the arbitration community.
- Depth of Analysis: It is praised for its extraordinary depth in analyzing issues related to bias challenges, making it of unusual value and interest to arbitrators, professionals, and academics.
Book Reviews:
- A book review in "Arbitration: The International Journal of Arbitration, Mediation and Dispute Management" highlights the book's comprehensive approach to addressing bias challenges in international commercial arbitration. The review notes that the author's proposal for a "real danger" test is well-grounded in legal principle and precedent, making it a significant contribution to the field.
Conclusion
"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.