Thomas G. Heintzman, O.C., Q.C., FCIArb

Can An Arbitration Claim Be Dismissed For Delay?

Does an arbitral tribunal have authority to dismiss an arbitration claim for want of prosecution?  Some arbitration statutes expressly state that a tribunal has the power to do so.  Absent such an express power, the British Columbia Court of Appeal has held that the tribunal has no inherent authority to do so:  Premium Brands Operating […]

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Which Dispute Resolution System Applies – Construction Lien or Arbitration?

Courts have difficulty reconciling the rights of parties to arbitration when there are construction liens, cross claims, counterclaims and third party rights involved.  How can arbitration, which is a bilateral dispute resolution system, resolve those disparate rights?  And what appeal rights are there for the parties who are dissatisfied with a judge’s conclusion that the […]

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The Limitation Period Quagmire Between Litigation and Arbitration

The limitation period is a vexing issue to any party involved in a commercial dispute.  This truism applies even more to construction disputes because there are a variety of events that may trigger the beginning of the limitation period.  The limitation issue becomes even more vexing when the proceeding can be either:  by way of […]

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