The Court has established a multi-tiered process of review: its analysis will usually first focus on the notoriety of the alleged circumstances by the party seeking annulment, which is examined as an admissibility requirement of the claim. Second, if the facts are not notorious, the Court will consider whether the arbitrator breached his/her duty of disclosure, and finally, whether the circumstances were likely to create a reasonable doubt as to the arbitrator’s independence or impartiality.The PRIDE and Billionaire decisions give the parties more guidance to navigate these requirements, but the challenge against the award was dismissed in both cases. Indeed, annulments on these grounds remain rare.
A link to the article published on LexisNexis can be found here.