Apparent Bias In Arbitrations: The Importance Of Disclosure For Arbitrators

The right to a fair trial and / or the right to have your claims heard and carried out in accordance with the rules of natural justice, is a fundamental tenet of litigation throughout the world.

Two of the principles that sit behind these tenets include:

• There should not be any bias and / or apparent bias from the individuals deciding the outcome of the case
• There should not be a conflict of interest between those advocating your case with those parties they are advocating against

Four years ago, there was a spate of decisions in the English Courts which considered these principles in the context of UK Adjudications and Arbitrations.

Those cases confirmed that the test under English law, was as set out in Porter v Magill, of whether: