Older Uniform Acts

Judicial Interpretation of the Uniform Arbitration Act 1995

APPENDIX III - UNIFORM ARBITRATION ACT

3.    The parties to an arbitration agreement may agree, expressly or by implication, to vary or exclude any provision of this Act except the following:

(a)    subsection 5(4) ("Scott v. Avery" clauses);

(b)    section 19 (equality and fairness);

(c)    section 39 (extension of time limits);

(d)    subsection 45(1) (appeal on question of law);

(e)    section 46 (setting aside award);

(f)    section 48 (declaration of invalidity of arbitration);

(g)    section 50 (enforcement of award).

6.    No Court shall intervene in matters governed by this Act, except as this Act provides.

7.    (1)    If a party to an arbitration agreement commences a proceeding in respect of a matter to be submitted to arbitration under the agreement, the court in which the proceeding is commenced shall, on the motion of another party to the arbitration agreement, stay the proceeding.

(2)    However, the court may refuse to stay the proceeding in any of the following cases:

(a)     a party entered into the arbitration agreement while under a legal incapacity;

(b)     the arbitration agreement is invalid;

(c)     the subject-matter of the dispute is not capable of being the subject of arbitration under (enacting jurisdiction) law;

(d)     the motion was brought with undue delay;

(e)     the matter is a proper one for default or summary judgement.

(3)    An arbitration of the dispute may be commenced and continued while the motion is before the court.

(4)    If the court refuses to stay the proceeding,

(a)     no arbitration of the dispute may be commenced; and

(b)     an arbitration that has been commenced shall not be continued, and anything done in connection with the arbitration before the court made its decision is without effect.

(5)    The court may stay the proceeding with respect to the matters dealt with in the arbitration agreement and allow it to continue with respect to other matters if it finds that,

(a)     the agreement deals with only some of the matters in respect of which the proceeding was commenced; and

(b)     it is reasonable to separate the matters dealt with in the agreement from the other matters.

(6)    There is no appeal from the court's decision.

45.    (1)    A party may appeal an award to the court on a question of law with leave, which the court shall grant only if it is satisfied that,

(a)     the importance to the parties of the matters at stake in the arbitration justifies an appeal; and

(b)     determination of the question of law at issue will significantly affect the rights of the parties.

(2)    If the arbitration agreement so provides, a party may appeal an award to the court on a question of law.

(3)    If the arbitration agreement so provides, a party may appeal an award to the court on a question of fact or on a question of mixed fact and law.

(4)    The court may require the arbitral tribunal to explain any matter.

(5)    The court may confirm, vary or set aside the award or may remit the award to the arbitral tribunal, with the court's opinion on the question of law, in the case of an appeal on a question of law, and give directions about the conduct of the arbitration.

s.46    (1)    On a party's application, the court may set aside an award on any of the following grounds:

(a)     a party entered into the arbitration agreement while under a legal incapacity;

(b)     the arbitration agreement is invalid or has ceased to exist;

(c)     the award deals with a dispute that the arbitration agreement does not cover or contains a decision on a matter that is beyond the scope of the agreement;

(d)     the composition of the tribunal was not in accordance with the arbitration agreement or, if the agreement did not deal with that matter, was not in accordance with this Act;

(e)     the subject-matter of the dispute is not capable of being the subject of arbitration under (enacting jurisdiction) law;

(f)     the applicant was not treated equally and fairly, was not given anopportunity to present a case or to respond to another party's case, or was not given proper notice of the arbitration or of the appointment of an arbitrator;

(g)     the procedures followed in the arbitration did not comply with this Act;

(h)     an arbitrator has committed a corrupt or fraudulent act or there is a reasonable apprehension of bias;

(i)     the award was obtained by fraud.

(2)    If clause (1)(c) applies and it is reasonable to separate the decisions on matters covered by the arbitration agreement from the impugned ones, the court shall set aside the impugned decisions and allow the others to stand.

(3)    The court shall not set aside an award on grounds referred to in clause (1)(c) if the party has agreed to the inclusion of the dispute or matter, waived the right to object to its inclusion or agreed that the arbitral tribunal has power to decide what disputes have been referred to it.

(4)    The court shall not set aside an award on grounds referred to in clause (1)(h) if the party had an opportunity to challenge the arbitrator on those grounds under section 13 before the award was made and did not do so, or if those grounds were the subject of an unsuccessful challenge.

(5)    The court shall not set aside an award on a ground to which the applicant is deemed under section 4 to have waived the right to object.

(6)    If the ground alleged for setting aside the award could have been raised as an objection to the arbitral tribunal's jurisdiction to conduct the arbitration or as an objection that the arbitral tribunal was exceeding its authority, the court may set the award aside on that ground if it considers the applicant's failure to make an objection in accordance with section 17 justified.

(7)    When the court sets aside an award, it may remove the arbitral tribunal or an arbitrator and may give directions about the conduct of the arbitration.

(8)    Instead of setting aside an award, the court may remit it to the arbitral tribunal and give directions about the conduct of the arbitration.

Next Annual Meeting

2018 Conference (Centennial)

Delta Hotel

Québec City, QC

August 12 - 16, 2018