1 ‘Issue conflict’ refers to a situation in which there is an appearance of bias on the part of an adjudicator based on his or her commitment to a particular idea, related to a material issue in dispute. Issue conflict is often defined by opposition to the more well-known situation where an adjudicator’s potential interest in the outcome of the dispute warrants disqualification on the basis of a conflict of interests. 2 In terms of a positive definition, a now classic quote from HE Judge Tomka in CC/Devas v India on the meaning of issue conflict in arbitration...
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