What is the test for impartiality in arbitration?

Ontario, Canada


The following excerpt is from Allied Track Services Inc. v Jeffery Swift et al, 2015 ONSC 5496 (CanLII):

An arbitration is in the nature of a judicial determination and arbitrators are to act impartially. In Szilard v. Szasz, 1954 CanLII 4 (SCC), [1955] S.C.R. 3 Rand J. stated: From its inception arbitration has been held to be of the nature of judicial determination and to entail incidents appropriate to that fact. The arbitrators are to exercise their function not as the advocates of the parties nominating them, and a fortiori of one party when they are agreed upon by all, but with as free, independent and impartial minds as the circumstances permit. In particular they must be untrammelled by such influences as to a fair minded person would raise a reasonable doubt of that impersonal attitude which each party is entitled to.

Other Questions


In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
Can a party in a family law case refuse to pay the arbitration fees of an arbitrator? (Ontario, Canada)
What is the standard of review of a ruling made by an arbitrator in the course of an arbitration? (Ontario, Canada)
What is the legal test for reasonableness in an arbitrator's assessment of facts at an arbitration? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
When redrafting the appeal provision in an arbitration agreement, can counsel for the parties be presumed to be aware of the provisions of the Arbitration Act? (Ontario, Canada)
What is the impact of a lump sum award at an arbitration? (Ontario, Canada)
Can an arbitrator be required as a matter of law to "give full effect" to a conviction? (Ontario, Canada)
Does a subcontractor have an interest in the outcome of an arbitration? (Ontario, Canada)
What is the effect of Local 79's decision not to refer the suspension to arbitration? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.