Bias exists where objective circumstances give rise to doubts about the impartiality of the valuer, such as a prior business relationship with one of the parties or a personal financial interest in the outcome of the proceedings.
The recusal motion must be filed and substantiated without delay after becoming aware of the circumstances giving rise to bias, with the competent court.
If bias is established by the court, a new, independent valuer is appointed and the previous appraisal report is generally not used.
A private or business acquaintance with a party or its legal counsel may also, depending on its intensity, already be sufficient to give rise to objective doubts about impartiality.
If a recusal motion is filed without a substantive justification, the court may reject it and the originally appointed valuer remains active in the proceedings.
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