What If the Arbitrator Is Biased or Lacks Independence?

Neutrality is the foundation of arbitration.

1. Duty of disclosure

Arbitrators are under a statutory obligation to disclose circumstances that may give rise to justifiable doubts as to independence or impartiality.

2. Grounds for challenge

A party may challenge an arbitrator if:

• there is prior professional relationship,
• financial interest exists, or
• circumstances create reasonable apprehension of bias.

3. Timing matters

Challenges must be raised promptly. Participation without objection may amount to waiver.

4. Court’s approach

Courts strictly enforce neutrality but discourage tactical challenges meant to delay proceedings.

Practical takeaway

Bias cannot be tolerated, but objections must be genuine and timely.