New SCC Practice Note: Challenges to Arbitrators 2020–2024

A new Practice Note examining the SCC Board's decisions on challenges to arbitrators between 2020 and 2024 has been published. Authored by SCC Legal Counsel Yi Ting Sam and former SCC Legal Counsel Raffaela Isepponi, the publication provides valuable insights into the standards and procedures applied when assessing arbitrator impartiality and independence.

Key statistics and trends

The Practice Note reviews 46 challenge decisions rendered during the five-year period. Approximately 22% of challenges were sustained, while 78% were dismissed, reflecting the high threshold required to establish justifiable doubts as to an arbitrator’s impartiality or independence. Respondents initiated the majority of challenges (around 67%), with claimants accounting for approximately 33%. Most challenges concerned co-arbitrators (54%), followed by chairpersons or sole arbitrators (41%). Only two challenges were submitted in relation to the entire arbitral tribunal.

Main grounds for challenges

The majority of challenges focused on alleged relationships between arbitrators and one of the parties, their affiliates, or their counsel. The SCC Board carefully examined the nature and frequency of such relationships, including whether engagements were ongoing and whether fees earned were significant. Other common grounds for challenge included procedural decisions and conduct during hearings, political statements in the context of geopolitical conflicts, and questions regarding the nationality or qualifications of the arbitrator.

Procedural overview

Under the SCC Rules, parties may challenge an arbitrator if justifiable doubts exist regarding their impartiality or independence. Challenges must be submitted in writing within 15 days of the party becoming aware of the grounds for challenge. Arbitrators also have an ongoing duty to disclose circumstances that could give rise to justifiable doubts. The SCC Secretariat and Board manage challenges efficiently, balancing the need to maintain procedural fairness with minimizing disruption to the arbitration process.

By reviewing challenge decisions from 2020–2024, the Practice Note highlights common issues and trends and provides practical guidance for parties, counsel, and arbitrators navigating challenges in international arbitration.

Previous SCC Practice Notes on challenges to arbitrators can be found here.