Introduction

It takes courage to allege that a judicial tribunal, whether it be a judge, juror, lay magistrate or an arbitrator, is biased. Making such an allegation can be embarrassing, particularly against a respected figure of authority, and it raises a tactical dilemma. If an application to remove a judicial tribunal for bias fails, that tribunal then may become biased, whether intentionally or otherwise. Despite this risk, parties seem increasingly willing to grasp the nettle when they believe a judicial tribunal to be biased and apply to have it removed. International arbitral ...