One never tires of considering the impartiality and independence
of arbitrators. Thankfully, cases where arbitrators show flagrant
or actual bias are few and far between: the brown envelope is
seldom offered, and rarely accepted. However, challenges to
arbitrators alleging 'apparent' lack of impartiality or
bias are by no means uncommon. In short, apparent bias means that
there are circumstances which would cause a reasonable observer to
have doubts as to the independence of the arbitrator. This is an
objective test: the arbitrator may well be able to put the matter
entirely out of his or her mind, and be perfectly capable of
rendering an unimpeachable, fair and impartial award. But where it
looks as if that might not have been the case, 'apparent
bias' still requires the arbitrator to step down, or else be
disqualified or risk having the award he or she has rendered
challenged successfully. A particular, recurring issue relating to
apparent bias relates to
