Determining the standard of proof required to remove an arbitrator on the ground of bias

The issue of claims of bias against an arbitrator is crucial because removal of an arbitrator only on the basis of suspicion, without having concrete evidence, would obviously disqualify almost everyone except a few of the saints. In general, all rues of arbitration oblige an arbitrator to remain unbiased as long as he is working as an arbitrator in order to settle a dispute.Accordingly, arbitrators are required to maintain neutrality and impartiality during an arbitration process. The burden of proving neutrality and impartiality on the part of an arbitrator is significant and complex because conflicts of interest between the parties and arbitrators may arise on the basis that the nomination or appointment and remuneration of arbitrators are provided by the parties.This paper aims to argue that in order to effect the removal of an arbitrator, evidence of actual bias instead of an allegation of suspicion of bias would be required. In developing arguments in favour of actual bias, this paper, while referring to decided cases, will discuss about real danger test that includes the objective test to establish bias