December 06, 2016 Articles

High Deference: Appellate Review of Arbitration Rulings in Canada

As Canadian courts become less interventionist in reviewing arbitral awards, they increasingly align themselves with American jurisprudence.

By Marco P. Falco – December 6, 2016

In Canada, the courts are showing increasing deference to arbitral awards. They are also narrowing the circumstances in which appellate courts will intervene in arbitration proceedings. Whether the parties originally chose to arbitrate their dispute or whether the arbitration is imposed on the parties by statute, appeals courts will not scrutinize the arbitrator’s reasoning absent a serious error of law. 

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