Australia Adopts ‘Real Danger’ Test for Arbitrator Bias

Australia has now replaced the common law 'reasonable apprehension' standard for arbitrator bias with the ‘real danger’ test laid down by the House of Lords in R v Gough [1993] AC 646.

Australia is the first country to adopt this test as a provision of its written arbitration law. This note provides some examples of the application of the ‘real danger’ test, and discusses how Australian courts may interpret and apply this ‘Model Law Plus’ provision in the coming years.

Download Article  |  Sam Luttrell