THE ADVOCATE 541
VOL. 76 PART 4 JULY 2018
A VIEW FROM
THE CENTRE’S NEW APPEAL PROCESS
By Richard J. Olson*
On September 15, 2016 the British Columbia International Commercial
Arbitration Centre (the “Centre”) brought into force the Revised Domestic
Commercial Arbitration Rules of Procedure (the “Rules”).1 An important
innovation was the establishment of an arbitral appeal process—that is, a
process allowing for an appeal to an arbitral tribunal rather than the court,
potentially including in circumstances where an appeal to the court would
not be allowed or would at least require leave to appeal.
There were a few reasons for the introduction of an arbitral appeal
1. arbitration is a dispute resolution process agreed to by the parties.
If parties wish to have a right of appeal, it should be accommodated;
2. an appeal to court does not enjoy the confidentiality that an arbitration
enjoys because the Arbitration Act2 (the “Act”) is silent about
confidentiality. Appeals under the Rules remain confidential; and
3. if the parties wish to have a broader scope of appeal than is permitted
under the Act,3 they should be accommodated.
Should they wish to take advantage of the appeal process, parties must
opt in at the commencement of an arbitration or provide for an appeal in
their arbitration agreement. The Centre has established the Centre’s Panel,
* Richard Olson is a lawyer, arbitrator and member of the Centre’s board of directors.