Arbitration: Reasonable apprehension of bias

By Mitchell Rose (May 3, 2023, 1:27 PM EDT) -- This is the second of a two-part series in which I look at recent Ontario court decisions concerning ADR processes. This week, I review Aroma Franchise Company Inc. v. Aroma Espresso Bar Canada Inc., 2023 ONSC 1827 (Aroma). In Aroma, the applicants sought to set aside two international arbitral awards. They argued that there was a reasonable apprehension of bias because, in the context of the case, the arbitrator ought to have disclosed a subsequent engagement from the same lawyer while the arbitration was ongoing....
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