We have reviewed a few decisions relating to arbitration clauses
in intellectual property license agreements (see
here ). Courts in the US have shown that they are willing
to uphold arbitrator's decisions. What is the law in
Alberta?
The court in TheraVitae Ltd. v. Kwalata Trading
Limited, 2011 ABQB 626 (CanLII) dealt with alleged
breaches of stem cell therapy licencing agreements. The
licensing agreements contained arbitration clauses and a
dispute arose between the parties, which was referred to
arbitration.
Under the Arbitration Act (Alberta), a party
must demonstrate that they are entitled to appeal an
arbitrator's decision. If the arbitration agreement
includes the right of appeal to court, then either party can appeal
the arbitrator's decision on a question of law, on a question
of fact or on a question of mixed law and fact. If the arbitration
agreement is silent on the topic of appeal, then Section 44(2) of
the Act allows for appeals on questions of
