Can an arbitrator be disqualified if he has business or personal relationships with one of the parties to the arbitration?
Saskatchewan, Canada
The following excerpt is from Construction & General Workers Union, Local 890 v. Graham Construction Ltd., 1977 CanLII 1468 (SK QB):
In Szilard v. Szasz, 1954 CanLII 4 (SCC), [1955] S.C.R. 3, [1955] 1 D.L.R. 370, it was held that business or personal relationships of an arbitrator with one of the parties to the arbitration proceedings which are unknown to the other party will disqualify the arbitrator if by reason of such association there is a reasonable suspicion that he might be influenced thereby, whether in fact he was so influenced or not. The case at bar is clearly distinguishable from that case, since there is no concealment involved here. Furthermore, in Szilard v. Szasz no collective agreement was involved; rather it was an arbitration under a commercial contract.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a person be added as a party in a personal injury action where the outcome of the action directly affects him? (Saskatchewan, Canada)
What is the test for establishing that if one person buys property but conveys it into another person's name or into his name, that other person becomes resulting trustee for the purchaser? (Saskatchewan, Canada)
Is a contract made by a mentally incompetent person voidable and set aside if the other party knows of the deficiency? (Saskatchewan, Canada)
What is business disturbance loss for the purposes of determining whether a business has been adversely affected by the expropriated land? (Saskatchewan, Canada)
Can a party in his own name adopt a property in the name of the owner without the consent or sanction of the other party? (Saskatchewan, Canada)
Does a party and a party have to pay additional costs to a mortgage? (Saskatchewan, Canada)
What are the legal consequences if a party agrees to surrender a lease with another party? (Saskatchewan, Canada)
Is a member of a municipality's executive committee disqualified from voting on any question in which he has a special or personal interest? (Saskatchewan, Canada)
What is the test for determining whether there was connivance between the parties in the context of the definition of a party to a marriage contract? (Saskatchewan, Canada)
What remedies are available to a party to a contract where the other party fails to complete the entire contract? (Saskatchewan, Canada)
