Jurisdiction(s):
United Kingdom

Ontario Court of Appeal: reasonable apprehension of bias compels setting aside of investment arbitration award; no discretion under Model Law Article 34(2)(a)(iv) (Vento Motorcycles v Mexico)

Published on: 13 March 2025

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Vento Motorcycles, Inc. v The United Mexican States COA-23-CV-1332, Court of Appeal for Ontario

What are the practical implications of this case?

This decision sets out a clear, principled roadmap for how courts should deploy their authority to annul a commercial or investment‑treaty award when procedural unfairness is alleged under the Model Law, with a particular emphasis on the tribunal’s independence and impartiality. Although the existence of bias itself was not contested on appeal, the judgment furnishes guidance on avoiding compromise to a tribunal’s neutrality, including the scope of an arbitrator’s disclosure obligations. The Court of Appeal affirmed that arbitrators are ‘neither representatives of the party who appointed them nor required to protect and promote that party’s interests’, and thus ‘expected to comply with the same high standards of impartiality’ regardless of who appointed them. Parties, counsel, and arbitrators should note that the application judge concluded there was a reasonable apprehension of bias despite the absence of proof that the party and its nominee communicated about the arbitration, and notwithstanding that the appointments discussed were ultimately public and did not inherently involve financial remuneration. She determined that the mere offers of appointment were ‘sufficient in themselves’ in this context...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...