Does an arbitral tribunal have authority to dismiss an arbitration claim for want of prosecution? Some arbitration statutes expressly state that a tribunal has the power to do so. Absent such an express power, the British Columbia Court of Appeal has held that the tribunal has no inherent authority to do so:
Premium Brands Operating GP Inc. v. Turner Distribution systems Inc.
A power to dismiss for delay is not found in the UNCITRAL Model Law and in the International Commercial Arbitration statutes in Canada that have adopted the Model Law. So this decision has wide importance for those arbitrations.
This decision is of wider importance than arbitral practice in British Columbia.
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