Arbitration Clauses - Stewart McKelvey

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ARBITRATION CLAUSES Nova Scotia Commercial Arbitration Act (Cont’d) • Duties and powers on making award • 34 An arbitral tribunal shall decide a matter in dispute in accordance with the law, including equity, and may order specific performance, injunctions and other equitable remedies. 1999, c. 5, s. 34. 24 1 2013 Construction Seminar Copyright © 2011 Stewart McKelvey
ARBITRATION CLAUSES Nova Scotia Commercial Arbitration Act (Cont’d) • Applicable law • 35 (1) In deciding a matter in dispute, an arbitral tribunal shall apply the law of a jurisdiction designated by the parties or, where none is designated, the law of the jurisdiction the arbitral tribunal considers appropriate in the circumstances. • (2) A designation by the parties of the law of the jurisdiction refers to the substantive law of that jurisdiction and not to the conflict of laws rules of that jurisdiction, unless the parties expressly indicate that the designation includes those conflict of laws rules. 1999, c. 5, s. 35. 24 2 2013 Construction Seminar Copyright © 2011 Stewart McKelvey
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Arbitration Clauses - Stewart McKelvey

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