What is the test for setting aside an award at an arbitration?
British Columbia, Canada
The following excerpt is from Atlantic Industries Limited v SNC-Lavalin Constructors (Pacific) Inc., 2017 BCSC 1263 (CanLII):
I also note that in Ghirardosi v. Minister of Highways for British Columbia, 1966 CanLII 47 (SCC), [1966] S.C.R. 367 at 372, Cartwright J. remarked that “[t]here is no doubt that, generally speaking, an award will not be set aside if the circumstances alleged to disqualify an arbitrator were known to both parties before the arbitration commenced and they proceeded without objection”.
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