Ms Mandy Aylen

Mandy Aylen

Updates

Arbitration & ADR

Validity of arbitration agreement is issue for arbitral tribunal, not court
Canada | 02 June 2011

A recent British Columbia Supreme Court decision confirms that the courts are not empowered to determine the validity of an alleged arbitration agreement before the commencement of an arbitration proceeding. The court concluded that the proper procedure for such a determination contemplates that decision being made by an arbitral tribunal, with the arbitral tribunal's decision to accept jurisdiction ultimately being reviewable by the court.

Three-year delay in delivery of arbitral award does not abrogate arbitral immunity
Canada | 17 June 2010

A recent Alberta Court of Queen's Bench decision confirms that in the absence of fraud or bad faith, an arbitrator enjoys immunity from civil liability for all types of claim. The court held that an arbitrator's failure to deliver his award for almost three years following conclusion of the hearing did not abrogate his ability to rely on the defence of arbitral immunity, as there was no evidence of bad faith on his part.