Many, if not most, construction contracts contain dispute
resolution clauses referring any and all disputes to arbitration.
Parties who use standardized Canadian Construction Documents
Committee ("CCDC") contracts for their
projects are undoubtedly familiar, to some degree, with the
arbitration process.
Given the prevalence of arbitrations, it is important to
understand the available means of recourse in the event you are the
unsuccessful party in an arbitration decision. This article will
discuss the criteria for a statutory appeal of an arbitration
decision.
In Alberta, appeals of arbitration decisions are governed by
section 44 of the Arbitration Act, R.S.A. 2000, c. A-43
(the "Arbitration Act").
Equivalent legislation in other provinces, with some variations,
are section 31 of the British Columbia Arbitration Act,
section 45 of the Saskatchewan Arbitration Act, section 44
of the Manitoba Arbitration Act and section 45 of the
Ontario Arbitration Act.
