An unusual five - member panel of the Federal Court of Appeal re-considered the appropriate standard of review in the Federal Court. (slaw.ca)
The court reasoned that the wording of the arbitration agreement had not made it clear that the parties regarded the venue as critically important.898 The courts of the United States have similarly considered that the «appropriate standard of review would be to set aside an award based on a procedural violation only if such violation caused substantial prejudice to the complaining party.» (newyorkconvention1958.org)
For a majority of five, Justice Karakatsanis decided that the appropriate standard of review was reasonableness. (ruleoflaw.ca)