Introduction

The existence of a biased arbitral tribunal is a poison pill against an unfavorable award. First, if established before the courts of the place of arbitration, the existence of bias will generally lead to the annulment of the award. Second, even if an award rendered by a biased Tribunal is not annulled, its enforcement will be problematic, be it under the New York Convention or under the relevant local law on arbitration. In order to be able to successfully raise a ground for annulment based on the existence of a biased tribunal, a party must not have lost, waived or ...