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Arbitration Clauses - Stewart McKelvey

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ARBITRATION CLAUSES<br />

Nova Scotia Commercial <strong>Arbitration</strong> Act (Cont’d)<br />

• (5) The court shall not set aside an award on a ground to which the<br />

applicant is deemed, pursuant to Section 6, to have waived the right<br />

to object.<br />

• (6) Where the ground alleged for setting aside the award could have<br />

been raised as an objection to the jurisdiction of the arbitral tribunal<br />

to conduct the arbitration, the court may set the award aside on that<br />

ground if the court considers the failure of the applicant to make an<br />

objection in accordance with Section 19 justified.<br />

24<br />

8<br />

2013 Construction Seminar<br />

Copyright © 2011 <strong>Stewart</strong> <strong>McKelvey</strong>

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