But ruling on the application, the tribunal, held that the comment credited to him was unverified and that the defence failed to meet the legal standard of
proving allegation of bias against a judge.
But ruling on the application, the tribunal held that the comment credited to him was unverified and that the defence failed to meet the legal standard of
proving allegation of bias against him.
He said the affidavit of «concerned citizens» filed by Saraki to
prove the allegation of bias against him was unknown to law.
Not exact matches
For example, a United States court held that the mere fact that the tribunal President and the counsel
of one
of the parties both served on the same board
of directors and were members
of the same organization was insufficient to justify a refusal, where the party bringing the challenge had provided no evidence that they had otherwise communicated with each other.889 A Hong Kong court has equally affirmed this high burden
of proof, finding that the party opposing enforcement had failed to
prove its
allegation that the tribunal's deliberations had been affected by the alleged
bias of one member.890
When it is alleged that a person has engaged in discrimination on the basis
of social disadvantage, the onus
of proving that the discrimination is based on a negative
bias or stereotype lies on the person making the
allegation.