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The Effect of Apparent Bias or Suspicion of Bias or Unconscious Bias may not necessarily be different from that of Actual Bias - An English Perspective

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Allegations of bias of whatever type, actual or apparent or otherwise are not unknown to the world of commercial arbitration, and the English courts have always abhorred them. Judicial decisions have however made a distinction between “actual bias” and “apparent bias”, and established criteria to determine “actual bias” or “suspicion of bias” or “apparent bias”, but it is to be considered whether any effective difference, in effect, may be maintained from a practical standpoint between the various types of bias as any award rendered by a tribunal against which or a member of which, an allegation of bias has been made, would always be considered by the award-debtor to be an award vitiated by suspicion of bias.

Affiliations: 1: Professor, LL.M (Cambridge), LL.M, PhD (London), Barrister, Senior Associate Fellow, University of Warwick, School of Law, England, Associate Fellow, Institute of Advanced Legal Studies, University of London,; website:


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