Publication

"Impartiality and Arbitrator Bias: The View from Canada's 14 Jurisdictions," written by Stephen L. Drymer and Alejandro Manevich, provides a Canadian perspective for the TDM (Transnational Dispute Management) Journal's issue on Arbitrator Bias.

Posted with permission of TDM. Not for reproduction.

Click here to read the article.

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 greater degree of flexibility. Moreover, Canadian courts routinely demonstrate sensitivity to the particular nature of international commercial arbitration and to the need for a high degree of deference to international tribunals and even foreign courts given the importance of international consistency in the treatment of international arbitrations and awards. This includes recognising that the punctilio of rules giving effect to the principle of natural justice is not necessarily universal, and that creating a truly international system requires acknowledging that different jurisdictions may come to different, equally valid solutions.

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