Have You Chosen The Right Forum For A Construction Arbitration?


In Canada, there are in essence four appeal regimes relating to arbitral awards.

The most common regime relating to domestic arbitral awards is found in Alberta, Saskatchewan, Manitoba, Ontario, New Brunswick and Nova Scotia. That regime generally allows the parties to insert into the arbitration agreement a right of appeal to the provincial superior court. If the parties do not provide for a right of appeal in the arbitration agreement, then the court can grant leave to appeal on a question of law.

The second regime provides for no appeal rights from arbitral awards. That regime applies to all provincial regimes relating to international commercial arbitrations, and to domestic awards in Quebec and Newfoundland and Labrador.

The third regime is found in Prince Edward Island where, if the parties consent to an appeal in their arbitration agreement, the appeal is directly to the Appeal Division.

The forth regime is found in British Columbia, where the parties may provide for, or the court may permit by way of leave, an appeal on a question of law.

Carefully consider the rights of appeal,and carefully select the law which applies to the agreement, before signing a construction contract which contains an arbitration clause.


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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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