During an arbitration, there are opportunities to challenge
arbitrators for inappropriate conduct based upon
information – either disclosed or undisclosed – which indicates
arbitrators are not acting impartially or
independently.60 Typically, these challenges can either be
brought before an arbitral institution and/or a national
court.61 The general trend is to challenge and remove arbitrators
where there are circumstances that give rise to
justifiable doubts about an arbitrator’s independence or
impartiality.