Bias Challenges in International Commercial Arbitration | LawCPD.com.au
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Bias Challenges in International Commercial Arbitration

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Bias Challenges in International Commercial Arbitration

Sam is a lawyer in the Australia-South East Asia project disputes practice group at Allens Linklaters and has a PhD in international arbitration.

Course Summary

The misuse of bias challenges to delay arbitral proceedings and escape enforcement is becoming an increasing problem in international commercial arbitration.

Course Details

The proper use of bias challenges is to safeguard procedural fairness in international commercial arbitration proceedings.  However, there is growing anecdotal and empirical evidence which suggests the rate at which bias challenges are being made is increasing.  It appears that bias challenges are being used as a "dirty" tactic to delay proceedings and escape enforcement of arbitral awards.

This course examines the problem of bias challenges in international commercial arbitration and the implications of this problem for practitioners in terms of their ethical duties and professional responsibilities.  The course also discusses the proper use of bias challenges, which is to prevent and address conflicts of interest issues arising in relation to arbitrators. 

Practical case studies are used to illustrate the difference between legitimate and "dirty" bias challenges, which will assist practitioners involved in arbitration proceedings to identify whether a challenge is tactical or merited more readily.

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