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Joel Richler on Appeals in Canadian Domestic Commercial Arbitration

In his article "A Second Kick: Appeals in Canadian Domestic Commercial Arbitration", Joel Richler "reviews the legislative landscape in relation to appeals, considers the desirability of permitting such appeals in relation to arbitration norms and objectives, reviews the current judicial treatment of standard of review and deference, and suggests legislative reform that would be more consistent with a fundamental precept of arbitration, party autonomy."

Richler's argumentation leads to two conclusions. First, counsel and their clients should be aware of the implications of defaulting. Although the latter provide for or preserve appeal rights, the benefits of such an action are extremely limited and the downsides are significant. Second, court appeals on questions of law should only be authorized when parties specifically provide for such right in their arbitration agreements. This second conclusion comes as a proposal for the development of the arbitration concept.

If you wish to read Joel Richler's article, you can access it here:

Richler Domestic Arbitration
Download PDF • 278KB

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