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ARTICLE · 19 SEPTEMBER 2024

Avoiding The Appearance Of Bias – The Importance Of Arbitrator Disclosure

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In a rare successful application under s.68 of the Arbitration Act, the Commercial Court recently set aside an arbitral award for apparent bias on the part of an arbitrator.

CanadaLitigation, Mediation & Arbitration
Gordon Bell
Gordon Bell
Dominic Sinnott
Dominic Sinnott
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In a rare successful application under s.68 of the Arbitration Act, the Commercial Court recently set aside an arbitral award for apparent bias on the part of an arbitrator. In this article, we look at the decision - in particular, the importance of disclosure by arbitrators.

s68 of the Arbitration Act 1996 (the Act) provides a mechanism for an arbitral party to challenge an award on the basis of serious irregularity. For an application to succeed there must be (i) a serious irregularity that (ii) causes substantial injustice. In the recent case of Aiteo E&P Company Ltd v Shell Western Supply and Trading Ltd & Ors, Jacobs J considered the merits of a s68 application brought by Aiteo E&P Company Ltd (Aiteo). Aiteo sought to set aside four arbitral awards by reason of apparent bias by one member of a three-person Tribunal.

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