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Jan Advocate 2017

THE ADVOCATE V O L . 7 5 P A R T 1 J A N U A R Y 2 0 1 7 39 law “which the parties expressly referred to the arbitral tribunal”—a situation that is unlikely to arise except after a dispute has arisen and specific points of law can be identified as being linchpins of the dispute.11 In Manitoba12 parties may appeal on any grounds if their agreement so provides; however, if the agreement does not provide for an appeal on a question of law, a party may appeal on a question of law with leave of the court. Ontario13 and Saskatchewan14 take a common approach that adopts the recommendations of the previous UAA by allowing the parties to fully opt into or out of all types of appeals from arbitration awards while providing that, in the absence of any agreement, there will be a right to appeal on a question of law with leave of the court. Newfoundland and Labrador15 provides for no appeal on the merits in its arbitration statute. Nova Scotia,16 Prince Edward Island17 and the three territories18 allow appeals only where the parties have provided for appeals in their arbitration agreement.19 THE NEW UAA The relevant provisions in the new UAA,20 for the purpose of the present discussion, are the following: Court intervention limited 64 No decision, order or award of an arbitral tribunal may be appealed to or be reviewed or set aside by a court, except as provided in this Act. Appeals on questions of law 65 (1) If an arbitration agreement provides that an appeal may be brought on a question of law, an appeal may be brought to enacting jurisdiction to insert name of appellate court on a question of law arising out of an award, with leave of that court. (2) A provision of an arbitration agreement purporting to allow (a) an appeal on a question of law to a court other than enacting jurisdiction to insert name of appellate court, or (b) an appeal on a question of mixed fact and law, is an agreement providing that an appeal may be brought to enacting jurisdiction to insert name of appellate court on a question of law. (3) The enacting jurisdiction to insert name of appellate court may decide whether an arbitration agreement provides that an appeal may be brought on a question of law. (4) A provision of an arbitration agreement purporting to allow an appeal on a question of fact has no effect. Appended to these provisions in the new UAA is the following commentary: It is of the utmost importance, to achieve the objectives of the Act, that court recourse from arbitral awards be strictly limited.


Jan Advocate 2017
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