Finally, The Supreme Court Of Canada Puts Some Finality Into Arbitrations

Two of the main benefits of private arbitration are said to be speed and finality. However, the long running case of Sattva Capital Corporation v. Creston Moly Corporation has been a prime example of how court intervention into the arbitration process can lead to arbitration being anything but speedy or final. I first blogged about this case on May 9, 2011 when it had been before the British Columbia Supreme Court ("BCSC") twice and was headed to its second hearing before the British Columbia Court of Appeal ("BCCA"). At that time, more than three years had passed since the arbitrator had supposedly issued a "final decision."

The dispute was over the valuation of a finder's fee. The arbitrator found that Creston was obligated to pay Sattva $4,140,000 plus costs in connection with the acquisition of Creston's molybdenum mining property in Mexico. The dispute was arbitrated under the Arbitration Act (British Columbia).  Section 31 granted what had been thought to be