What margin of error does an arbitrator have? Should an arbitral tribunal's decision be set aside if it is legally incorrect? Or should a wider deference be shown, so that a decision will only be set aside if it is unreasonable, or perverse?
And how detailed does an arbitral decision have to be? Can it be struck down if the reasons are not adequate?
The Nor-Man and the Newfoundland and Labrador Nurses Union decisions of the Supreme Court will provide powerful support to the party seeking to uphold the award.
arbitration, estoppel, standard of review, adequacy of reasons, challenging arbitral award
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Alternative Dispute Resolution (ADR) 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.
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