Impartiality and Arbitrator Bias: The View from Canada's 14 Jurisdictions
Article from: TDM 4 (2008), in Arbitrator Bias
Abstract
Canada's 14 federal, provincial and territorial jurisdictions, all of which have adopted the Model Law and the New York Convention, provide a sort of legal microcosm within which the question of arbitrator bias is addressed from a variety of perspectives. Traditionally, Canadian courts tended to draw little if any distinction between the standard applicable to judges and that applicable to arbitrators. However, an increasing willingness to foster arbitration has led judges to interpret and enforce applicable standards of independence and impartiality against arbitrators with a ...