Arbitration statutes refer to laws that govern resolving disputes outside of court, where a neutral person called an arbitrator helps make a decision. These laws outline the rules and procedures that need to be followed during the arbitration process.
Full definition
Most arbitration statutes or administrative rules give the arbitrator the power to set time limits, one he or she is appointed, but many cases get hung up before there is an appointment.
The Ontario Arbitration Act is typical of most
arbitration statutes when it says parties shall be treated equally and fairly and each party shall be given an opportunity to present a case and respond to the other parties» cases (s. 19).
Most provincial domestic
arbitration statutes in Canada contain provisions granting to an arbitrator the jurisdiction to award injunctive relief.
The defendants brought a motion to stay the proceedings based on section 7 (1) of Ontario's Arbitration Act, 1991 (a similar provision is contained in
provincial arbitration statutes across Canada).
Third, legislative regimes —
typically arbitration statutes — also continue to sanction (and encourage) the resolution of civil disputes outside the formal court system.
It involved the interpretation of the
relevant arbitration statutes, which did not involve an «extricable» legal issue to be reviewed on a standard of correctness.
If you want to arbitrate in any other state, your lawyer has to rely on
general arbitration statutes that may not exactly fit family law cases.
The parties agree that any and all controversies, disputes or claims arising out of or under this Agreement, shall be exclusively governed and decided by binding arbitration under the Federal Arbitration Act in conformity with the Rules and Procedures as established by the American Arbitration Association, and the determination of the arbitrator shall be final and binding (except to the extent there exist grounds for vacation of an award under
applicable arbitration statutes).
It arises from the agreement of the parties, and any applicable Rules or
arbitration statute.
What happens to
the arbitration statutes when the arbitrator is a machine?
The Court pointed out that there is a «very strong legislative direction» under
our arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.
The Court pointed out that there is a «very strong legislative direction» under
the arbitration statutes and numerous cases holding that the Court should only refuse to refer a matter to arbitration if it is clear that the dispute falls outside of the arbitration clause.
In Ontario, with virtually identical provisions in most other provinces»
arbitration statutes, s. 8 (1) the Arbitration Act, 1991, provides an arbitral tribunal with the same powers as the court in respect of preservation of property, interim injunctions and appointment of receivers.
AODRS will require a binding arbitration regime in the jurisdiction (such as
an arbitration statute or arbitration provisions in the rules of civil procedure).