Can An Arbitrator Determine The Rights Of Non-Parties?

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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.

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Published In: Administrative Agency Updates, Alternative Dispute Resolution (ADR) Updates, Construction Updates

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

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Thomas Heintzman
Arbitration Place

Thomas G. Heintzman specializes in arbitration and mediation at Arbitration Place in Toronto. His... View Profile »


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