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FTAA - NEGOTIATING GROUP ON DISPUTE SETTLEMENT

 CANADA

QUESTIONNAIRE

PRELIMINARY NOTES:

  1. This document often refers to Model Law and Code. The Model Law means the UNCITRAL Model Law on International Commercial Arbitration (1985) adopted by the United Nations Commission on International Trade Law on June 21, 1985. The Code means the Commercial Arbitration Code, which is based on the UNCITRAL Model Law and has the force of law in Canada pursuant to the Commercial Arbitration Act, R.S.C. 1985, c. 17 (2nd Supp.).
     
  2. Most of the answers provided refer to the federal jurisdiction. For more information concerning the provincial and territorial jurisdictions, please refer to annexes at the end of this document.
  3.  
  4. The information provided in this document has been prepared for convenience of reference only and is not legal advice.

1. International Agreements

a. Is the jurisdiction a party to the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done at New York on 10 June 1958 (New York Convention). If so, are there any reservations? Name the domestic law that implements these commitments.

Canada acceded to the New York Convention on May 12, 1986. There are no reservations, although Canada has made the following declaration.

The Government of Canada declares that it will apply the Convention only to differences arising out of legal relationships, whether contractual or not, which are considered as commercial under the laws of Canada, except in the case of the Province of Quebec where the law does not provide for such limitation.

The federal United Nations Foreign Arbitral Awards Convention Act, R.S.C. 1985, c.16 (2nd Supp.) implements it for matters within federal jurisdiction. The provinces and territories have also implemented the convention with their own legislation.

b. Is the jurisdiction a party to the Convention on the Settlement of Investment Disputes Between States and Nationals of Other States, done at Washington on 18 March 1965 (ICSID Convention)? Is there a domestic implementing law? Is the jurisdiction a party to any bilateral investment treaties providing for settlement of investment disputes between a state and a national of another state?

Canada is not party to the ICSID Convention. However, Canada is party to bilateral and multilateral investment agreements that provide for the settlement of disputes between one state party and a national of another state party. In this respect, Canada is party to the following agreements with countries of the Americas:

Free Trade Agreements:

- North American Free Trade Agreement;

- Canada-Chile Free Trade Agreement;

Foreign Investment Protection Agreements:

  • Agreement between the Government of Canada and the Government of the Republic of Argentina for the Promotion and Protection of Investments;

  • Agreement between the Government of Canada and the Government of Barbados for the Reciprocal Promotion and Protection of Investments;

  • Agreement between the Government of Canada and the Government of Costa Rica for the Promotion and Protection of Investments;

  • Agreement between the Government of Canada and the Government of the Republic of Ecuador for the Promotion and Reciprocal Protection of Investments;

  • Agreement between the Government of Canada and the Government of the Republic of Panama for the Promotion and Protection of Investments;

  • Agreement between the Government of Canada and the Government of the Republic of Trinidad and Tobago for the Reciprocal Promotion and Protection of Investments;

  • Agreement between the Government of Canada and the Government of the Republic of Uruguay for the Promotion and Protection of Investments;

  • Agreement between the Government of Canada and the Government of the Republic of Venezuela for the Promotion and Protection of Investments.

c. Is the jurisdiction a party to the Inter-American Convention on International Commercial Arbitration, signed in Panama on 30 January 1975 (Panama Convention)? Is there a domestic implementing law?

Canada is not party to the Inter-American Convention on International Commercial Arbitration.

d. Is the jurisdiction a party to any other international agreement related to international commercial arbitration?

Canada is party to the Convention between Canada and the United Kingdom of Great Britain and Northern Ireland Providing for the Reciprocal Recognition and Enforcement of Judgements in Civil and Commercial Matters, which applies to decisions by courts in civil or commercial matters and arbitral awards if the award has become enforceable in the territory of origin in the same manner as a judgement given by a court in the territory. The Convention is implemented by the Canada-United Kingdom Civil and Commercial Judgements Convention Act, R.S.C. 1985, C-30.

2. Arbitration

a. What is the source of law for international commercial arbitration within your jurisdiction? Please cite.

Canada’s international arbitration laws at the federal, provincial and territorial levels are all based on the UNCITRAL Model Law. References to the federal, provincial and territorial legislation may be found in the annex at the end of this document.

b. Does the law contain different rules for domestic and international arbitration?

The Commercial Arbitration Act applies to both domestic and international arbitration. The word “international”, which appears in paragraph (1) of article 1 of the Model Law, has been deleted from the corresponding paragraph in the Code. Paragraphs (3) and (4) of article 1 of the Model Law, which describe when arbitration is international, have also been deleted from the Code. Article 1(1) of the Code provides that the Code, except articles 8 (arbitration agreement and substantive claim before the court), 9 (arbitration and interim measures by court), 35 (recognition and enforcement) and 36 (grounds for refusing recognition and enforcement), apply only if the place of arbitration is Canada.

Provincial and territorial legislation for domestic arbitration is not uniform. Some jurisdictions have laws for domestic arbitration based on the UNCITRAL Model Law. Others have laws based on the United Kingdom Arbitration Act 1899.

c. Are there limitations on the types of disputes that may be arbitrated?

The Code applies to commercial arbitration, subject to any agreement in force between Canada and any other State or States (art. 1(1)). The Commercial Arbitration Act provides that the Code applies only in relation to matters where at least one of the parties to the arbitration is Her Majesty in right of Canada, a departmental corporation or a Crown corporation, or in relation to maritime or admiralty matters (subsection 5(2)).

d. Does the law specify rules for arbitration or do the parties have autonomy to set their rules?

The parties to an international arbitration have autonomy to adopt their own rules or in default the Code will apply. The Code provides that rules of procedure are left to the parties to agree upon, failing which, the arbitral tribunal may, subject to the provisions of the Code, conduct the arbitration in such manner as it considers appropriate (art. 19).

e. What is the role of the courts during an arbitration? May courts intervene prior to or during the arbitration process?

The Code provides that in matters governed by it, no court shall intervene except where so provided in the Code (art.5). Article 6 of the Code specifies that the functions referred in article 11(3) and (4) (court appointment of arbitral tribunal), 13(3) (challenge of an arbitrator), 14 (termination of mandate), 16(3) (ruling on jurisdiction of arbitral tribunal) and 34(2) (recourse against an award) shall be undertaken by the Federal Court or any superior, county or district court.

f. Can the courts grant interim relief pending the outcome of an arbitration?

The Code provides that it is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure (art. 9).

g. Does the law require citizenship or a particular bar membership for participation in an arbitral proceeding, as arbiter or representative of a party?

The Code does not contain any provision regarding the requirement of citizenship or bar membership for the participation in arbitral proceeding. The Code provides that no person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties (art. 11(1)).

h. Does the law require that the proceedings be conducted in a particular language?

The Code provides that the parties are free to agree on the language or languages to be used in the arbitral proceedings; failing such agreement, the arbitral tribunal shall determine the language or languages to be used (art. 22).

i. Does the law have mandatory choice of law provisions?

The Code provides that the arbitral tribunal shall decide the dispute in accordance with such rules of law as are chosen by the parties as applicable to the substance of the dispute and that any designation of the law of legal system of a given State shall be construed, unless otherwise expressed, as directly referring to the substantive law of the State and not to its conflict of laws rules (art. 28).

The same article also provides that failing any designation by the parties, the arbitral tribunal shall apply the law determined by the conflicts of laws rules which it considers applicable.

j. Does the arbitration law prescribe rules for decision making by the arbiters?

Articles relevant to the manner in which decisions are made include:
  • Article 18 of the Code, which provides: “The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.”;
  • Article 28(3), which provides that the arbitral tribunal shall decide ex aequo et bono or as amiable compositeur only if the parties have expressly authorised it to do so;
  • Article 28(4), which provides that in all cases, the tribunal shall decide in accordance with the terms of the contract and shall take into account the uses of the trade applicable to the transaction; and
  • Article 29, which provides that in proceedings with more than one arbitrator, any decision shall be made, unless otherwise agreed by the parties, by a majority of all members of the arbitral tribunal, and that questions of procedure may be decided by a presiding arbitrator if so authorised by the parties or all members of the arbitral tribunal.

As regards form, the award is required to be made in writing and signed by the arbitrator or arbitrators. It should state the reasons upon which it is based (unless the parties have agreed that no reasons are to be given), its date and the place of arbitration. After the award is made, a signed copy shall be delivered to each party (art. 31).

k. Is the confidentiality of arbitral proceedings and awards protected by law?

Confidentiality is not specifically protected by the Act or Code. In cases involving the federal government or federal bodies to which the Access to Information Act, R.S.C. 1985, c. A-1, and the Privacy Act, R.S.C 1985, c. P-21, apply, those statutes may function to allow or deny access to any or all the contents of an award. Aside from legislation, there are some privileges protected by jurisprudence and the common law.

l. On what grounds will the courts set aside or decline to enforce an award?

The grounds for refusing recognition or enforcement of an arbitral award are set out in article 36. This article is identical to the corresponding provision in the Model Law, with the exception of article 36(1)(b)(i) and (ii) in which specific reference to the law and public policy of Canada are made; more specifically, grounds for refusal include cases where the subject-matter of the dispute is not capable of settlement by arbitration under the law of Canada, or the recognition or enforcement of the award would be contrary to the public policy of Canada.

m. What is the procedure for the enforcement of an award?

An application may be made to the competent court for enforcement of an award. The party making the application shall supply the authenticated original award or certified copy, as well as the original arbitration agreement or a certified copy. If the award or agreement is not made in an official language of Canada, the party shall supply a certified translation into English or French (art.35).

n. Please list any institutions available within your jurisdiction that provide international commercial arbitration services. Provide internet address where available.

Two international commercial arbitration centres exist in Canada. Both are partially funded by the federal government:

Ø British Columbia International Commercial Arbitration Centre
 http://www.bcicac.com

Ø Quebec National and International Commercial Arbitration Centre
 http://www.cacniq.org

3. Alternative Forms of Dispute Resolution (ADR)

In Canada, the federal Department of Justice uses the term “Dispute Resolution” (DR) rather than “Alternative Dispute Resolution”. The Department of Justice uses DR to refer to the range of options available to resolve disputes, from the consensual to the adjudicative, from negotiation to litigation. This use of DR covers arbitration, although in this section, references to DR exclude arbitration and litigation.

a. Are other forms of alternative dispute resolution (mediation, conciliation) available for the resolution of commercial disputes within your jurisdiction?

A variety of private-sector DR services are available across the country, ranging from individuals offering third-party neutral services to organizations such as the Arbitration and Mediation Institute of Canada, which has developed its own rules of procedure and maintains a membership roster of third-party neutrals.

In addition, the federal Department of Justice has issued a corporate policy on the use of Dispute Resolution (DR). It has also established a specialised advisory unit, the DR Project, to provide guidance and assistance in the increased and informed use of non-litigious DR processes in disputes to which the federal government is a party, in order to prevent the courts becoming the only recourse.

Similar efforts have been made in some provincial jurisdictions. In addition, many of the provincial courts are developing and implementing DR programs and pilot projects within their jurisdictions to address concerns about the costs of litigation, the backlogs facing many of the courts, access to justice and long-term satisfaction among parties with the outcome of court adjudication.

It should be noted that DR is a rapidly developing but unregulated field of activity in Canada. There are no uniform or widely accepted standards of practice or qualifications, nor is there a singly entity or organization which serves to administer or oversee the practice of DR.

b. Does the law or do the courts mandate or encourage the use of ADR in commercial disputes? Are there any legal impediments to using ADR for the resolution of commercial disputes?

At the federal level, there are currently no rules or practice directions issued by the Federal Court of Canada making DR mandatory. However, the Federal Court has rules governing court-assisted DR. Reference can be made to the annexes for provisions in provincial and territorial legislation concerning the encouragement of DR.

Rules and practice directions are issued and amended from time to time by the various jurisdictions across the country. Reference should be made to these. As a result of reforms to the rules of the Federal Court of Canada in 1992, a full case management regime, including alternative forms of dispute resolution, entered into force for the Federal Court, Trial Division. No case will be fixed for trial in the Federal Court unless the lawyers certify that they have been offered DR and it has failed or the clients refused DR.

c. Can courts enforce agreements to mediate or use other forms of non-binding dispute resolution in commercial disputes?

As a matter of law, Canadian courts can enforce agreements to mediate, or to use other forms of non-binding dispute resolution in commercial disputes. However, non-binding DR is a consensual process and there is no legal obligation on the parties to a dispute to reach an agreement, or even to negotiate in good faith, within a dispute resolution process. Therefore, efforts to enforce an agreement to mediate or to use another non-binding process may not be practical.

Should the parties actually engage in a consensual process, and reach a settlement, that settlement agreement can be enforced by the Courts.

d. Are there any organizations that specialize in ADR for commercial disputes not already mentioned?

A number of other organizations provide a wide variety of DR services on a commercial basis. A list of links to websites of organisations providing DR services in Canada can be found at the federal Department of Justice website indicated below under legal sources and references.

e. What rules govern confidentiality and admissibility of evidence in other proceedings?

In matters under federal jurisdiction, reference should be made to the Access to Information Act and the Privacy Act. Provincial information legislation should be referred to in matters under provincial jurisdiction. The terms of any agreement between the parties regarding confidentiality are relevant, as are applicable court rules and practice directions, and rules developed by private sector DR service providers to which the parties may subscribe. The Canada Evidence Act, R.S.C. 1985, c. C-5, would be relevant to evidentiary matters under federal jurisdiction and corresponding provincial legislation would be relevant in matters under provincial jurisdiction. In addition, other federal and provincial legislation may affect confidentiality and the admissibility of evidence.

4. Legal Sources and References

In addition to the references above is there an authoritative Internet site containing up-to-date information on dispute resolution facilities available in this jurisdiction?

There is no designated authoritative Internet site regarding dispute resolution services in Canada. The Department of Justice is working to create a site that will contain information on federal DR initiatives, and provide DR-related links to provincial and territorial governments and to non-governmental institutions active in Canada.

Department of Justice of Canada: www.canada.justice.gc.ca - www.canada.justice.gc.ca/en/ps/drs/index.html

5. Bibliography

Please list respected reference works relating to arbitration and ADR in your jurisdiction.

Department of Justice (Dispute Resolution Project), Dispute Resolution Reference Guide,1995.

McLaren, Richard H. and Sanderson, John P. (Q.C.), Innovative Dispute resolution: The Alternative, 1994.

Alternative Dispute Resolution Practice Manual, CCH Canadian Limited, 1996.

Casey, Brian J., International and Domestic Commercial Arbitration, 1993.

ANNEX

Canada (Federal)

  • Commercial Arbitration Act, R.S.C. 1985, c.17 (2nd Supp.).
  • United Nations Foreign Arbitral Awards Convention Acts, R.S.C. 1985, c.16 (2nd Supp.).
    •

    Alberta

  • Arbitration Act, S.A. 1991, c.A-43.1.
  • International Commercial Arbitration Act, S.A. 1986, c.I-6.6.
    •

    British Columbia

  • Commercial Arbitration Act, S.B.C. 1986, c.3.
  • Foreign Arbitral Awards Act, S.B.C. 1985, c.74.
  • International Commercial Arbitration Act, S.B.C. 1986, c.14.
    •

    Manitoba

  • Arbitration Act, R.S.M. 1987, c.A-120.
  • International Commercial Arbitration Act, S.M..1986-87, c.32, C.C.S.M. 151.
    •

    New Brunswick

  • Arbitration Act, S.N.B. 1992, c.A-10.1.
  • International Commercial Arbitration Act, S.N.B. 1986, c.I-12.2.
    •

    Newfoundland

  • Arbitration Act, R.S.N. 1990, c.A-14.
  • International Commercial Arbitration Act, R.S.N. 1990, c.I-15.
    •

    Northwest Territories

  • Arbitration Act, R.S.N.W.T. 1988, c.A-5.
  • International Commercial Arbitration Act, R.S.N.W.T. 1988, c.I-6.
    •

    Nova Scotia

  • Arbitration Act, R.S.N.S. 1989, c.19.
  • International Commercial Arbitration Act, R.S.N.S. 1989, c.234
    •

    Ontario

  • Arbitration Act, S.O. 1991, c.17.
  • International Commercial Arbitration Act, R.S.O. 1990, c.I-9.
    •

    Prince Edward Island

  • Arbitration Act, S.P.E.I. 1996, c.4.
  • International Commercial Arbitration Act, R.S.P.E.I. 1988, c.I-15.
    •

    Québec

  • Civil Code of Québec, S.Q.. 1991, c.64, art.2638 to 2643.
  • Code of Civil Procedure, R.S.Q., c.C-25, art.940 to 952.
    •

    Saskatchewan

  • Arbitration Act, R.S.S. 1992, c.A-24.1.
  • International Commercial Arbitration Act, S.S. 1988-89, c.I-10.2.
  • Enforcement of Foreign Arbitral Awards Act, S.S. 1996, c.E-9.11.
    •

    Yukon Territory

  • Arbitration Act, R.S.Y. 1986, c.7.
  • Foreign Arbitral Awards Act, R.S.Y. 1986, c.70.
  • International Commercial Arbitration Act, R.S.Y. 1986, Supplement, c.14, (enacted as S.Y. 1987, c.14.).
    •
    Jurisdiction Preamble Scope of Application S. 1(5)
    Model Law None This law shall not affect any other law of this State by virtue which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.
    Canada None The Act is not limited to international arbitrations, therefore the word “international” is eliminated from Article 1(1) of the Model Law. “Commercial Arbitration” includes a claim under Article 1116 of 1117 of the NAFTA Agreement, s5(4)
    Alberta None Model Law applies to international arbitration agreements and awards whether made before or after the coming into force of the Act.
    British Columbia Preamble recognises need for change from previous inhospitable legal environment for international commercial arbitration based upon UNCITRAL Model Law. For the purposes of determining whether an arbitration is international the provinces and territories of Canada shall be considered one State. s1(5). “Commercial” defined by not exhaustively. s1(6).
    Manitoba None No change from the Model Law. Adds that it applies to international commercial arbitration agreements and awards made before or after the coming into force of the Act.
    New Brunswick None No change from the Model Law. Adds that it applies to international commercial arbitration agreements and awards made before or after the coming into force of the Act.
    Nova Scotia None No change from the Model Law. Adds that it applies to international commercial arbitration agreements and awards whether made before or after 10 August 1986.
    Ontario None Article 1(1) of the Model Law “agreements in force between this State and any other State or States” means an agreement between Canada and any other country or countries that is in force in Ontario. In Article 1(2) and (5) of the Model Law “this State” means Ontario. In Article 1(3) “different States” means different countries, and “these States” means the country. s.1(7).
    Prince Edward Island None Applies to international agreement and awards whether made before or after the coming into force of the Act.
    Quebec None Where matters of extraprovincial or international trade are at issue in an arbitration, the interpretation of the enactment where applicable, shall take into consideration the Model Law and the report and commentary of UNCITRAL, June 1985, Art. 940.6.
    Saskatchewan None This law shall not affect any other law of this State by virtue which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.
    Newfoundland None Model law applies to international commercial arbitration agreements and awards whether made before or after February 1988.
    Northwest Territories None Model Law applies to international commercial arbitration agreements and awards whether made on or before 10 August 1986.
    Yukon Territory None This law shall not affect any other law of this State by virtue which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Law.

     

    Jurisdiction Scope of Application S. 1(3) Extent of Court Intervention
    Model Law An arbitration is international if: (c) the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Canada The act applies only in relation to matters where at least one of the parties to the arbitration is Her Majesty in Right of Canada, a departmental corporation, a Crown corporation, or in relation to maritime or admiralty matters. S 5(2) Applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act. S5(3). Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Alberta None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    British Columbia None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law, also: no arbitration proceedings shall be questioned by a proceeding under the Judicial Review Procedure Act or otherwise except to the extent provided in this Act. S5(a) & (b).
    Manitoba None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    News Brunswick None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Nova Scotia None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Ontario An arbitration conducted in Ontario between parties that all have their places of business in Ontario is not international only because the parties have expressly agreed that the subject matter of the arbitration agreement relates to more than one country. Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Prince Edward Island None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Quebec None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Saskatchewan None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Newfoundland None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Northwest Territories None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.
    Yukon Territory None Article 5. In matters governed by this Law, no court shall intervene except where so provided in this Law.

     

    Jurisdiction Aids to Interpretation
    Model Law No provision.
    Canada Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s4.
    Alberta Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12(2).
    British Columbia In construing a provision of this Act, a Court or Arbitral Tribunal may refer to the UNCITRAL document and its working group respecting the preparation of the Model Law and shall give those documents the weight that is appropriate in the circumstances. s6.
    Manitoba Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12(2).
    New Brunswick Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12(2).
    Nova Scotia Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s13.
    Ontario Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s13.
    Prince Edward Island Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s12.
    Quebec Where matters of extra provincial or international trade are at issue in an arbitration, the interpretation of this Title, where applicable, shall take into consideration:
    (1) the Model Law on International Commercial Arbitration as adopted by the United Nationals Commission on International Trade Law on 21 June 1985;
    (2) the Report of the United Nations on International Trade Law on the work of its 18th Session in Vienna from the 3rd to 21st day of June 1985;
    (3) the Analytical Commentary on the draft text of a model law on international commercial arbitration contained the Report of the Secretary-General to the 18th Session of the United Nations Commission on International Trade Law. Art. 940.6.
    Saskatchewan Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s11.
    Newfoundland Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s13.
    Northwest Territories Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s2.
    Yukon Territory Recourse may be had to the UNCITRAL Report of session held 3-21 June 1985 and the Analytical Commentary contained in the Report of the Secretary-General to the Session. s10.



    Jurisdiction Stay of Legal Proceedings
    Model Law 8(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless if finds that the agreement is null and void, inoperative or incapable of being performed. (2)Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.
    Canada 8(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless if finds that the agreement is null and void, inoperative or incapable of being performed. (2)Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.
    Alberta Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10.
    British Columbia Generally the same as Model Law, plus: before or after entering an appearance and before delivery of any pleadings or taking any other steps in the proceeding a party may apply to stay the proceedings. s8(1).
    Manitoba Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10.
    New Brunswick Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10.
    Nova Scotia Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s11.
    Ontario Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s8.
    Prince Edward Island Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s10.
    Quebec Where an arbitration is brought regarding a dispute in a matter on which the parties have an arbitration agreement, the court shall refer them to arbitration on the application of either of them unless the case has been inscribed on the roll or the court finds the agreement to be null 940.1
    Saskatchewan Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s9.
    Newfoundland Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s11.
    Northwest Territories Same as Model Law plus: where a court refers the parties to arbitration, the proceedings of the Court are stayed with respect to the matters to which the arbitration relates. s11.
    Yukon Territory 8(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless if finds that the agreement is null and void, inoperative or incapable of being performed. (2) Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.



    Jurisdiction Nationality of Arbitrators
    Model Law 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Canada 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Alberta 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    British Columbia A person of any nationality may be an arbitrator. s11(1). Unless the parties have previously agreed to the appointment of a sole or third arbitrator who is of the same nationality as any of the parties, the Chief Justice shall not appoint a sole or third arbitrator who is of the same nationality as that of any of the parties. s11(9).
    Manitoba 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    New Brunswick 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Nova Scotia 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Ontario 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Prince Edward Island 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Quebec No specific Provision
    Saskatchewan 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Newfoundland 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Northwest Territories 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
    Yukon Territory 11(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.



    Jurisdiction Appointment of Arbitrators
    Model Law 11 2)The parties are free to agree on a procedure of appointing the arbitrator or arbitrators subject to the provisions of paragraphs (4) and (5) of this article.
    (3) Failing such agreement

    (a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in Article 6;
    (b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.

    (4) Where, under an appointment procedure agreed upon by the parties:

    (a) a party fails to act as required under such procedure, or
    (b) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or
    (c) a third party, including an institution fails to perform any function entrusted to it under such procedure any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appoint.

    (5) A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.

    Canada Same as Model Law.
    Alberta Same as Model Law.
    British Columbia 11(2) Subject to subsections (6) and (7), the parties are free to agree on a procedure for appointing the arbitral tribunal.
    (3) Failing any agreement referred to in subsection (2), in an arbitration with 3 arbitrators, each party shall appoint one arbitrator, and the 2 appointed arbitrators shall appoint the third arbitrator.
    (4)If the appointment procedure in subsection (3) applies and

    (a) a party fails to appoint an arbitrator within 30 days after receipt of a request to do so from the other party, or
    (b)the 2 appointed arbitrators fail to agree on the third arbitrator within 30 days after their appointment, the appointment shall be made, upon request of a party, by the Chief Justice.

    (5) Failing any agreement referred to in subsection (2), in an arbitration with a sole arbitrator, if the parties fail to agree on the arbitrator, the appointment shall be made, upon request of a party, by the Chief Justice.
    (6) Where, under an appointment procedure agreed upon by the parties,

    (a) a party fails to act as required under that procedure,
    (b) the parties, or 2 appointed arbitrators, fail to reach an agreement expected of them under that procedure, or
    (c) a third party, including an institution, fails to perform any function entrusted to him or it under that procedure, a party may request the Chief Justice to take the necessary measure, unless the agreement on the appoint procedure provides other means for securing the appointment.

    (7) A decision on a matter entrusted by subsection (4), (5) or (6) to the Chief Justice is final and is not subject to appeal.

    Manitoba Same as Model Law.
    New Brunswick Same as Model Law.
    Nova Scotia Same as Model Law.
    Ontario Same as Model Law.
    Prince Edward Island Same as Model Law.
    Quebec If the procedure of appointment contained in the arbitration agreement proves difficult to put into practice a judge may on the motion of one of the parties take any necessary measure to bring about the appointment. Art. 941.2.
    Saskatchewan Same as Model Law.
    Newfoundland Same as Model Law.
    Northwest Territory Same as Model Law.
    Yukon Territory Same as Model Law.



    Jurisdiction Termination of Mandate and Substitution of Arbitrators
    Model Law 15. Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
    Canada 15. Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
    Alberta Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6.
    British Columbia Arbitration must be repeated only where sole or presiding arbitrator is replaced, otherwise in the discretion of the arbitral tribunal. Also, unless otherwise agreed by parties orders or rulings made prior to replacement are not invalidated solely because of a change of composition in the tribunal. s15(3), (4).
    Manitoba Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6.
    New Brunswick Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6.
    Nova Scotia Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s7.
    Ontario Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s4.
    Prince Edward Island Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6.
    Quebec The arbitrators, including the arbitrator whose recusation is proposed, may continue the arbitration proceedings and make the award while such a case is pending. Art.942.4.
    Saskatchewan Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s6.
    Newfoundland Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s7.
    Northwest Territories Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s8.
    Yukon Territory Unless the parties otherwise agree, if an arbitrator is replaced or removed in accordance with the Model Law, any hearing held prior to the replacement or removal shall be repeated. With respect to Art.15 of the Model Law, the parties may remove an arbitrator at any time prior to the final award regardless of how the arbitrator was appointed. s4.



    Jurisdiction Arbitral award In-Camera Hearings Production by Expert
    Model Law Not defined No provision No provision
    Canada Not defined No provision No provision
    Alberta Not defined No provision No provision
    British Columbia Means any decision of the arbitral tribunal on the substance of the dispute submitted to it and includes an interim arbitral award. s2(1). The arbitral tribunal may, at any time during the arbitral proceedings, make an interim award on any matter with respect to which it may make a final arbitral award. s31(6). Unless otherwise agreed by the parties, all oral hearings and meetings in arbitral proceedings are to be held in-camera. s24(5). Unless otherwise agreed by the parties, the experts shall on the request of a party, make available to that party for examination all documents, goods or other property in the expert’s possession with which he was provided in order to prepare his report. s26(3).
    Manitoba Not defined No provision No provision
    New Brunswick Not defined No provision No provision
    Nova Scotia Not defined No provision No provision
    Ontario An order of the arbitral tribunal under Art.17 of the model Law for an interim measure of protection and the provision of security in connection which is subject to the provision of the Model Law as if it were an award. s9. No provision No provision
    Prince Edward Island Not defined No provision No provision
    Quebec Not defined No provision Every expert’s report or other documents which the arbitrators may invoke in support of their decision must be transmitted to the parties. Art.944.2
    Saskatchewan Not defined No provision No provision
    Newfoundland Not defined No provision No provision
    Northwest Territories Not defined No provision No provision
    Yukon Territory Not defined No provision No provision

     

    Jurisdiction Consolidation
    Model Law No provision
    Canada No provision
    Alberta On application of the parties to 2 or more arbitration proceedings the court may order:
    (a) the arbitration proceedings to be consolidated, on terms it considers just;
    (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or
    (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s8.
    British Columbia Where the parties to 2 or more arbitration agreements agree to consolidate the arbitrations arising out of their different agreement the Court can do one or more of the following:
    (a) order the arbitrations to be consolidated on such terms as the Court considers just and necessary;
    (b) where all the parties cannot agree on an arbitral tribunal for the consolidated arbitration, appoint an arbitral tribunal;
    (c) where all the parties cannot agree on any other matter necessary to conduct the consolidated arbitration, make any other order it considers necessary. s27(2).
    Manitoba Same as Alberta.
    New Brunswick Same as Alberta.
    Nova Scotia On application of the parties to 2 or more arbitration proceedings the court may order:
    (a) the arbitration proceedings to be consolidated, on terms it considers just;
    (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or
    (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s9.
    Ontario On application of the parties to 2 or more arbitration proceedings the court may order:
    (a) the arbitration proceedings to be consolidated, on terms it considers just;
    (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or
    (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s7.
    Prince Edward Island On application of the parties to 2 or more arbitration proceedings the court may order:
    (a) the arbitration proceedings to be consolidated, on terms it considers just;
    (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or
    (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s8.
    Quebec No provision.
    Saskatchewan On application of the parties to 2 or more arbitration proceedings the court may order:
    (a) the arbitration proceedings to be consolidated, on terms it considers just;
    (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or
    (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s7.
    Newfoundland On application of the parties to 2 or more arbitration proceedings the court may order:
    (a) the arbitration proceedings to be consolidated, on terms it considers just;
    (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or
    (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s9.
    Northwest Territories Where the parties to 2 or more arbitration agreements agree to consolidate their respective arbitral proceedings and cannot agree on a matter necessary to conduct a consolidated arbitral proceeding the Court may on the application of one party with the consent of all the other parties make such order in respect of that matter as it considers necessary for the consolidation of the arbitral proceedings. s10.
    Yukon Territory On application of the parties to 2 or more arbitration proceedings the court may order:
    (a) the arbitration proceedings to be consolidated, on terms it considers just;
    (b) the arbitration proceedings to be heard at the same time, or one immediately after another; or
    (c) any of the arbitration proceedings to be stayed until after the determination of any one of them. If the parties cannot agree upon the choice of the arbitral tribunal the court may appoint. s6.

     

    Jurisdiction Applicable Rules to Substance of Dispute, Failing Agreement Use of Other ADR Procedures
    Model Law The law determined by the conflict of law rules the arbitral tribunal considers applicable. Art.28(2) No provision
    Canada The law determined by the conflict of law rules the arbitral tribunal considers applicable. s7. No provision
    Alberta The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s7. For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s5.
    British Columbia The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s28(3) It is not incompatible with an arbitration agreement for an arbitral tribunal to encourage settlement of the dispute and, with the agreement of the parties, the arbitral tribunal may use mediation, conciliation or other procedures at any time during the arbitral proceedings to encourage a settlement. s30(1)
    Manitoba The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s7. No provision
    New Brunswick The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s7. For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s5.
    Nova Scotia The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s8. For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s6.
    Ontario The law determined by the conflict of law rules the arbitral tribunal considers applicable. s7. For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s3.
    Prince Edward Island The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s8. For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s5
    Quebec According to the rules of law considered appropriate. Art.944.10 No provision
    Saskatchewan The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s6. For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s4.
    Newfoundland The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s8. For the purposes of encouraging settlement of a dispute an arbitral tribunal may with the agreement of the parties employ mediation, conciliation or other procedures at any time during the arbitration proceedings and, with the agreement of the parties, the members of the arbitral tribunal are not disqualified from resuming their roles as arbitrators by reason of the mediation, conciliation or other procedure. s6.
    Northwest Territories The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s9. No provision
    Yukon Territory The rules of law the arbitral tribunal considers to be appropriate given all the circumstances surrounding the dispute. s5. No provision

     

    Jurisdiction Recognition and Enforcement of Foreign Arbitral Awards
    Model Law 35 (1) An arbitral award, irrespective of the country in which it was made, shall be recognised as binding and, upon application in writing to the competent court, shall be enforced subject to the provisions of this article and of article 36.

    (2) The party relying on an award or applying for its enforcement shall supply the duly authenticated original award or a duly certified copy thereof, and the original arbitration agreement referred to in article 7 or a duly certified copy thereof. If the award or agreement is not made in an official language of this State, the party shall supply a duly certified translation thereof into such language.
    36 (1) Recognition or enforcement of an arbitral award, irrespective of the country in which it was made, may be refused only:

    (a) at the request of the party against whom it was invoked, if that party furnishes to the competent court where recognition or enforcement is sought proof that:

    (i) a party to the arbitration agreement referred to in article 7 was under some incapacity; or the said agreement is not valid under the law to which the parties have subjected it or, failing any indication thereon, under the law of the country where the award was made; or

    (ii) the party against whom the award is invoked was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case; or

    (iii) the award deals with a dispute not contemplated by or not falling within the terms of the submission to arbitration, or it contains decisions on matters beyond the scope of the submission to arbitration, provided that, if the decisions on matters submitted to arbitration can be separated from those not so submitted, that part of the award which contains decisions on matters submitted to arbitration may be recognised and enforced; or

    (iv) the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the agreement of the parties or, failing such agreement, was not in accordance with the law of the country where the arbitration took place; or

    (v) the award has not yet become binding on the parties or has been set aside or suspended by a court of the country in which, or under the law of which, that award was made; or

    (b)if the court finds that:

    (i) the subject-matter of the dispute is not capable of settlement by arbitration under the law of this State; or

    (ii) the recognition or enforcement of the award would be contrary to the public policy of this State.

    (2) If an application for setting aside or suspension of an award has been made to a court referred to in paragraph (1)(a)(v) of this article, the court where recognition or enforcement is sought may, if it considers it proper, adjourn its decision and may also, on the application of the party claiming recognition or enforcement of the award, order the other party to provide appropriate security.

    Canada Same as Model Law
    Alberta Same as Model Law
    British Columbia Same as Model Law
    Manitoba Same as Model Law
    New Brunswick Same as Model Law
    Nova Scotia Same as Model Law
    Ontario Same as Model Law, but also: for the purpose Articles 35 & 36 of the Model Law an arbitral award includes a commercial award made outside Canada, even if the arbitration to which it relates is not international as defined in Article 1(3) of the Model Law. s10.
    Prince Edward Island Same as Model Law
    Quebec A court examining an application for recognition and execution of an arbitral award cannot inquire into the merits of the dispute. Art.951.1
    Saskatchewan Same as Model Law
    Newfoundland Same as Model Law
    Northwest Territories Same as Model Law
    Yukon Territory Same as Model Law

     

    Jurisdiction Changes to award Interest and Costs
    Model Law No provision No Provision
    Canada No provision No provision
    Alberta No provision No provision
    British Columbia No provision Unless otherwise agreed by the parties, the arbitral tribunal may award interest, and costs which shall be in its discretion and may include fees and expenses of arbitrators and expert witnesses, legal fees and expenses, any other expenses incurred in connection with the arbitral proceedings, and specify the party entitled to costs, the party who shall pay the costs, the amount of costs or method of determining the award, and the manner in which the costs shall be paid. s31(7)(8).
    Manitoba No provision No provision
    New Brunswick No provision No provision
    Nova Scotia No provision No provision
    Ontario No provision No provision
    Prince Edward Island No provision No provision
    Quebec The arbitrators may, on the application of a party made within 30 days after receiving the arbitration award correct any error in writing or calculation or any other clerical error in the award, interpret a specific part of the award with the agreement of the parties; render a supplementary award on a part of the application omitted in the award. Art. 945.6. No provision
    Saskatchewan No provision No provision
    Newfoundland No provision No provision
    Northwest Territories No provision No provision
    Yukon Territory No provision No provision

     
     
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