Bias Challenges in International Arbitration: The Need for a 'Real Danger' Test

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Private international actors go to arbitration to avoid adjudicatory risks, especially the risk of bias.It follows that safeguarding procedural fairness is a key concern in arbitral processes, and thatexposing actual bias is crucial. However, evidence from both case law and institutional statisticsshows that wily parties are willing to abuse procedural fairness and cry bias as a way of delayingproceedings and escaping enforcement, and that the frequency of such spurious challenges isincreasing.