Arbitrator independence and fairness are the cornerstones of arbitration. They seem to be coming under greater scrutiny, both in Canada and abroad.
There are many sources of bias in any adjudication system, whether it is court or arbitration. (This may be a topic for another column, but see for example arbitrator Edna Sussman’s paper, “Arbitrator Decision Making: Unconscious Psychological Influences and What You Can Do About Them,” December 20, 2013, American Review of International Arbitration, Vol., No. 3, 2013 available online here.)
The accepted test for arbitrator bias in Canada was established by the Supreme Court of . . . [more]