Can An Arbitrator Determine The Rights Of Non-Parties?

more+
less-

The Alberta Court of Appeal recently considered an arbitration award in which the arbitrator had decided the rights of non- parties to the arbitration. The Court held that the arbitrator had no authority to determine the rights of non-parties. The court set aside the award and remitted the matter back to the arbitrator for a determination in accordance with the court's decision.

The process and logic applied by the Court provides a useful precedent for considering the powers of arbitrators and the courts when the rights of non-parties are affected by an arbitral decision.

This is an important decision, not only in relation to the authority of arbitrators, but also the authority of the courts.

LOADING PDF: If there are any problems, click here to download the file.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Thomas Heintzman, Arbitration Place | Attorney Advertising

Written by:

more+
less-

Arbitration Place on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×
Loading...
×
×