Perceived bias of adjudicators and arbitrators remains a hot topic, or rather hot target. The dispute referee, whether judge, arbitrator or adjudicator will invariably be labelled as biased by the losing side. This has just cropped up in Bellway Homes Ltd vs Surgo Construction Ltd. It’s not an accusation of actual bias. No, no, it’s perceived bias. It’s all in that word “perceived”. If made out, the tribunal’s decision is ineffective.

I like the example of bias in the long goodbye of Jurgen Klopp, from Liverpool FC. His league cup opponent, Chelsea manager Mauricio Pochettino, asked the FA referees’ department to remind the chosen referee not to be influenced by Liverpool’s loss of probably the best manager in the world. Klopp wanted his legacy to go out on a crop of silver – but, said Pochettino, not with a leg-up from the referee. Pochettino will get a thick ear for his implied criticism – but I suspect you see his point.

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