If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on the ground that the award is unreasonable? In Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, the Supreme Court of Canada set out a comprehensive analysis for the judicial review [...]
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Posted by: Thomas Heintzman
25
Nov
How Correct Does An Arbitrator Have To Be?
Posted by: Thomas Heintzman
22
Jan
What margin of error does an arbitrator have? Should an arbitral tribunal’s decision be set aside if it is legally incorrect? Or should a wider deference be shown, so that a decision will only be set aside if it is unreasonable, or perverse? And how detailed does an arbitral decision have to be? Can it [...]
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