396 THE ADVOCATE
VOL. 77 PART 3 MAY 2019
She is a lawyer, mathematics teacher, community activist and a leader in
Vancouver and British Columbia’s political landscape.
She is a current director of the Vancouver Symphony Orchestra, Business
for the Arts and Frontier College. She has also previously served as a director
of the BC Pavilion Corporation, BC Sports Hall of Fame, Translink, Metro
Vancouver (Greater Vancouver Regional District), Federation of Canadian
Municipalities, and numerous sport and community organizations.
Ms. Anton and her husband Olin have three adult children and five
grandchildren. They like to cycle and recently completed a trip from Land’s
End in Cornwall to Orkney.
Ms. Anton replaces Peter Hebb as the Vancouver Board of Trade’s
appointee to the BCICAC board. The Centre thanks Mr. Hebb for over 15
years of dedicated service as a director and wishes him well in his future
ROLE OF THE APPOINTEE OF A PARTY IN A THREE-PERSON ARBITRATION
By Herb Silber, Q.C.*
There is often a misconception about the role of the arbitrator appointed to
an arbitration panel by one of the parties. Where there is a three-person
panel called for under an arbitration agreement, most often the two arbitrators
appointed by the opposite parties appoint the third arbitrator, who will
act as the chair.
The misconception arises as to whom the “loyalty” of an arbitrator
appointed by a party lies: to the appointing party, or to the process. Under
Canadian law, the answer is clearly the latter. All of the appointed arbitrators,
regardless of who appoints them, owe a duty of impartiality to all of the
parties. He or she must be not only be unbiased, but must be seen to be
unbiased. The arbitration panel being seen as a mirror of a judicial process
requires the same degree of independence and impartiality as one would
expect of a judge.
In a recent decision of the B.C. Court of Appeal, Hunt v. The Owners,
Strata Plan LMS 2556,1 it was determined that an ex parte communication
(i.e., an undisclosed communication made in the absence of the other
party) between a party and its appointee that did not go to the merits of the
case, but merely a strategic consideration, was sufficient to give rise to a
reasonable apprehension of bias resulting in the quashing of the arbitration
* Herb Silber, Q.C., is a domestic mediation and arbitration panelist with the BCICAC.