Introduction

Prior engagements for or against one of the parties to an arbitration can give rise to allegations of arbitrator bias. The rules of the major arbitral institutions allow the parties to challenge an arbitrator where they have reasonable grounds for doubting their impartiality or independence. However, as the decisions of the institutions are not generally available, it is not clear how the rules have been interpreted or what factors should be taken into account. The IBA Guidelines on Conflicts of Interest in International Arbitration provide some assistance in this ...