1650 Recusal applications

1650 Recusal applications

R200.00

This article discusses the difficult issue of recusal applications, that is an application to remove a chairperson or arbitrator from their positions and their replacement with another chairperson or arbitrator. The article explains what a recusal application is, how to make an application, and how arbitrators and chairpersons should rule on such an application. Reference to best practice and case law is made throughout.

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Description

LLA 1650 Recusal application

Table of Contents

1.     Introduction

2.     The test for recusal

3.     The proper way to approach an application for recusal

4.     Allegations of bias and the arbitrator’s style

5.     Allegations of bias arising from prior rulings made by the Arbitrator

6.     When should an Arbitrator recuse herself?

7.     How to make an application for recusal

7.1.      Rulings by an arbitrator on an application for recusal

7.2.      How not to deal with a recusal application: a case study

8.     Another Case study

9.     Can an application for recusal be raised in an internal appeal?

10.       Case law

11.       Summary

 

 

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