Jamie Arabi’s article “Up in Smoke: Courts’ Narrow Role in Reviewing Set-Aside Applications” has been published by Law360 Canada.
Writes Jamie: “Where an arbitration agreement provides no appeal rights, the court should not examine whether the arbitrator’s decision was reasonable or correct. Rather, the court must consider whether the arbitrator acted within the bounds of the authority granted under the arbitration agreement. The decision in Aquanta Group serves as a reminder that set-aside applications under subsection 46(1) of the Arbitration Act are not appeals.”
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