View cases - Stewart McKelvey

2 The purpose of this Act is to revise and update the law respecting commercialarbitration and thereby encourage and promote the use of arbitration as an alternativeto court proceedings in resolving disputes between parties to a contract. 1999, c. 5,s. 2.Page: 18[42] Section 8 of the Act restricts the power of the Court to intervene in mattersgoverned by the Act and provides:Restriction on power of court to intervene8 No court may intervene in matters governed by this Act, except for thefollowing purposes as provided by this Act:2010 NSSC 252 (CanLII)(a) to assist the arbitration process;(b) to ensure that an arbitration is carried out in accordance with thearbitration agreement;(c) to prevent manifestly unfair or unequal treatment of a party to anarbitration agreement;(d) to enforce awards. 1999, c. 5, s. 8.[43] Sections 48 and 49 of the Act deal with the issue of appeals and applications toset aside an award and provide:Prerequisite to right to appeal48 (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 courton a question of law, on a question of fact or on a question of mixed law and fact. 1999, c.5, s. 48.Setting aside by court49 (1) On the application of a party, the court may set aside an award on any of thefollowing 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 notcover or contains a decision on a matter in dispute that is beyond the scope of theagreement;