Introduction

To the question: is there bias in international arbitration? The answer must be that there is sometimes at least the perception of bias. The losing party is occasionally heard to say: "the arbitrators had made their mind up before the hearing" or "the (other side's nominated) arbitrator was always going to decide in their favour". On an actual arbitration 24 years ago in Switzerland, after unfortunately having agreed with the other two arbitrators upon crucial issues against the Defendant, the Defendant's nominated arbitrator was seen (by the author of this paper) pinned up ...