What is the effect of personal relationships on the impartiality of arbitrators?

British Columbia, Canada


The following excerpt is from Thibault v. British Columbia (Dental Technicians' Board), 1982 CanLII 259 (BC SC):

In Szilard v. Szasz, 1954 CanLII 4 (SCC), [1955] 1 D.L.R. 370 at pp. 373-4, [1955] S.C.R. 3, Rand J. said: These authorities illustrate the nature and degree of business and personal relationships which raise such a doubt of impartiality as enables a party to an arbitration to challenge the tribunal set-up. It is the probability or the reasoned suspicion of biased appraisal and judgment, unintended though it may be, that defeats the adjudication at its threshold. Each party, acting reasonably, is entitled to a sustained confidence in the independence of mind of those who are to sit in judgment on him and his affairs.

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