Following the Supreme Court Judgment in Haliburton v Chubb there has been much discussion about an arbitrator’s duty of disclosure of matters that might affect his/her ability to impartially carry out his duties. This is an absolute duty and the arbitrator needs to be honest and straightforward in assessing whether there are any matters that offend the principle of impartiality.
Sometimes, however, a party may apply to remove an arbitrator in order to delay the process – playing games – putting off the evil day. This does not affect the position of the challenged arbitrator – he/she still has to submit to rigorous review but some applications are hopelessly weak and arise because of delay games attempted by a party.
It happens. Be alert to it. Don’t dismiss it simply because games are being played. Dismiss it because you are satisfied that you are free from challenge. Some arbitrators see the delay aspect and fail to ask themselves the right questions.