Arbitrator’s disclosure back in the spotlight with SCC’s dismissals in Aroma and Vento

By Khalil Mechantaf ( September 26, 2025, 9:21 AM EDT) -- The Supreme Court of Canada has recently issued its verdicts on two conflicting decisions of the Court of Appeal for Ontario regarding the setting aside of two international arbitration awards, on the grounds of arbitrators’ bias. Despite much anticipation of the SCC’s position with regard to the status of the law concerning disclosure and bias, both leaves for appeal in Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc., 2024 ONCA 839 and Vento Motorcycles, Inc. v. Mexico, 2025 ONCA 82 were dismissed by the SCC on July 24, 2025, and Sept. 18, 2025, respectively....