Arbitration is a process where a tribunal other than a court resolves a dispute between two or more parties. This issue paper discusses the current arbitration law (as of the time of publication), and potential beneficial changes to that law. The report first considers whether arbitration law in Alberta should be based on either the UNCITRAL Model Law or the BC Act, and the effects this could have on the uniformity of law. It then goes on to analyse several issues related to the Act itself, namely:
- how and when the Act should apply;
- how the identity, powers, conduct, compensation, etc. of the arbitrator should be regulated;
- regulation of the arbitration itself;
- regulation of awards from arbitration; and
- the interaction between judges and arbitration.