THE ADVOCATE 363
VOL. 78 PART 3 MAY 2020
7. The procedure for challenging an arbitrator is included in the new
Act (ss. 17–20), rather than in external rules.
8. Arbitrators and parties are now under an express duty to try to
achieve a just, speedy and economical determination of the proceeding
on its merits (ss. 21–22).
9. The new Act makes clear that the arbitrator has jurisdiction to
award equitable remedies (s. 25(4)).
10. The new Act creates a presumption that direct evidence of witnesses
will be in written form (s. 28(3)).
11. The new Act expressly confirms hearing location flexibility (s. 31).
12. The new Act confirms the arbitrator’s authority to establish procedures
and make procedure (s. 32); the scope of such powers is
13. The new Act creates a mechanism for dealing with party default
14. The new Act confirms that experts appointed by the parties have a
duty to assist the arbitral tribunal (s. 35), consistent with similar
duties on experts in B.C. civil litigation practice.
15. The new Act contains an entire part—Part 6—covering “Interim
Measures and Preliminary Orders”.
16. The new Act confirms that cost awards may be made summarily
17. The new Act provides that an arbitrator may award simple or compound
interest (s. 51).
18. The new Act eliminates the unique B.C. concept of “arbitral error”.
Instead, the new Act has a set-aside provision (s. 58) similar to the
ICAA and domestic arbitration legislation following the ULCC
model elsewhere in Canada. Consistent with the ICAA, set-aside
applications would be brought to the B.C. Supreme Court.
19. The new Act provides that appeals on questions of law arising out
of an arbitral award are to be brought to the B.C. Court of Appeal
(s. 59). Parties have the ability to opt out of appeals altogether.
20. The new Act reduces the time limit for bringing either a set-aside
application or an appeal or application for leave to appeal from an
arbitration award from 60 days to 30 days (s. 60).
21. The new Act includes a new privacy and confidentiality provision
consistent with the ICAA (s. 63).