542 THE ADVOCATE
VOL. 76 PART 4 JULY 2018
which is composed of a number of experienced senior arbitrators who are
available to hear appeals and certain applications before an arbitration tribunal
is appointed. The Centre’s Panel Committee appoints panellists to
the Centre’s Panel and appoints arbitrators to hear appeals and applications.
Part 8 of the Rules provides:
1. An appeal is initiated by filing a Notice of Appeal, with payment of
the appropriate fee (Rules 43(2) and (4)).
2. An appeal may be brought:
a. if the arbitration agreement permits an appeal, or the parties
have elected to have a right of appeal at the commencement of
the arbitration, on the grounds provided in the arbitration
agreement or the election, which may include a question of
law, a question of mixed fact and law or a question of fact (Rule
42(3)); or
b. if no criteria are provided in the arbitration agreement or the
election, on a question of law only on leave of the Appeal Tribunal
(Rule 42(1)(c)). (This is the same standard that is currently
set out in the Act.)
3. The Centre will canvas members of the Centre’s Panel for conflicts
and availability and then notify the parties of available candidates
(Rule 43(1)).
4. The parties may advise the Centre in writing of:
a. any “circumstances that give rise to a justifiable doubt as to the
independence or impartiality” of any of the candidates (Rule
43(2)); and
b. any order of preference of candidates for appointment to the
Appeal Tribunal (Rule 43(3)).
5. The Appeal Tribunal is appointed by the Centre (through the Panel
Committee), not by the parties, having “due regard” to the
responses of the parties, if any (Rule 43(5)).
6. The Appeal Tribunal then assumes conduct of the appeal. Fees of
the Appeal Tribunal are set by the Centre and are payable by the
parties as directed by the Appeal Tribunal (Rules 43(6), 44 and 45).
The appeal process is designed to give parties an option for appeal that
continues the important aspects of arbitration: confidentiality, input into
the selection of the arbitrator(s) and an efficient and timely resolution of
the dispute.