Arbitration Clauses - Stewart McKelvey

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ARBITRATION CLAUSES Nova Scotia Commercial Arbitration Act (Cont’d) • Prerequisite to right to appeal • 48 (1) Unless the parties otherwise agree, there is no appeal of an award. • (2) Where an arbitration agreement so provides, a party may appeal an award to the court on a question of law, on a question of fact or on a question of mixed law and fact. 1999, c. 5, s. 48. 24 3 2013 Construction Seminar Copyright © 2011 Stewart McKelvey
ARBITRATION CLAUSES Nova Scotia Commercial Arbitration Act (Cont’d) • Setting aside by court. • 49 (1) On the application of a party, the court may set aside an award on any of the following grounds: • (a) a party entered into the arbitration agreement while under a legal incapacity; • (b) the arbitration agreement is invalid or has ceased to exist; • (c) the award deals with a matter in dispute that the arbitration agreement does not cover or contains a decision on a matter in dispute that is beyond the scope of the agreement; 24 4 2013 Construction Seminar Copyright © 2011 Stewart McKelvey
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Arbitration Clauses - Stewart McKelvey

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