ARBITRATION ACT ARBITRATION ACT
Chapter A‑43
Table of Contents
Introductory Matters
1 Interpretation
2 Application of Act
3 Party autonomy
4 Waiver of right to object
5 Arbitration agreements
Court Intervention
6 Court intervention limited
7 Stay
8 Powers of court
Arbitral Tribunal
9 Number of arbitrators
10 Appointment of arbitral tribunal
11 Independence and impartiality of arbitrators
12 No revocation
13 Challenge
14 Termination of arbitrator’s mandate
15 Removal of arbitrator by court
16 Appointment of substitute arbitrator
Jurisdiction of Arbitral Tribunal
17 Jurisdiction, objections
18 Detention, preservation and inspection of property and documents
Conduct of Arbitration
19 Equality and fairness
20 Procedure
21 Evidence
22 Time and place of arbitration and meetings
23 Commencement of arbitration
24 Matters referred to arbitration
25 Procedural directions
26 Hearings and written proceedings
27 Default
28 Appointment of expert
29 Obtaining evidence
30 Restriction
Award and Termination of Arbitration
31 Application of law and equity
32 Conflict of laws
33 Application of arbitration agreement, contract and usages of trade
34 Decision of arbitral tribunal
35 Mediation and conciliation
36 Settlement
37 Binding nature of award
38 Form of award
39 Extension of time limits
40 Amplification of reasons
41 Interim and final awards
42 Termination of arbitration
43 Correction of errors
Remedies
44 Appeal of award
45 Setting aside award
46 Time limit
47 Declaration of invalidity of arbitration
48 Further appeal to Court of Appeal
49 Enforcement of award General
50 Crown bound
51 Limitation periods
52 Service of notice
53 Costs
54 Interest
55 Assessment and review of costs
56 Transitional
HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows:
Introductory Matters
Interpretation
1(1) In this Act,
(a) “arbitration agreement” means, subject to subsections (2) and (3), an agreement or part of an agreement by which 2 or more persons agree to submit a matter in dispute to arbitration;
(b) “arbitrator” includes an umpire;
(c) “court” means,
(i) in sections 6 and 7, the Court of Queen’s Bench and the Provincial Court, and
(ii) in all other sections, the Court of Queen’s Bench.
(2) If the parties to an arbitration agreement make a further agreement in connection with the arbitration, it is deemed to form part of the arbitration agreement.
(3) Where a matter is authorized or required under an enactment to be submitted to arbitration, a reference in this Act to an arbitration agreement is a reference to the enactment, unless the context otherwise requires.
1991 cA‑43.1 s1
Application of Act
2(1) This Act applies to an arbitration conducted under an arbitration agreement or authorized or required under an enactment unless
(a) the application of this Act is excluded by an agreement of the parties or by law, or
(b) Part 2 of the International Commercial Arbitration Act applies to the arbitration.
(2) If there is a conflict between this Act and the other enactment that authorized or required the arbitration, the other enactment prevails.
(3) This Act does not apply to an arbitration authorized or required under any of the following:
(a) repealed 2003 cP‑19.5 s133;
(b) repealed 2008 cH‑4.3 s10;
(c) repealed 2003 cP‑19.5 s133;
(d) Labour Relations Code;
(e) Police Officers Collective Bargaining Act;
(e.1) Post‑secondary Learning Act;
(f) Public Service Employee Relations Act;
(g),(h) repealed 2003 cP‑19.5 s133;
(i) any other enactment set out in the regulations.
(4) The Lieutenant Governor in Council may make regulations prescribing enactments to which the Arbitration Act does not apply.
RSA 2000 cA‑43 s2;2003 cP‑19.5 s133;2008 cH‑4.3 s10
Party autonomy
3 The parties to an arbitration agreement may agree, expressly or by implication, to vary or exclude any provision of this Act except sections 5(2), 19, 39, 44(2), 45, 47 and 49.
1991 cA‑43.1 s3
Waiver of right to object
4 A party to an arbitration who is aware of a non‑compliance with a provision of this Act, except with a provision referred to in section 3, or with the arbitration agreement and who does not object to the non‑compliance within the time limit provided or, if none is provided, within a reasonable time, is deemed to have waived the right to object.
1991 cA‑43.1 s4
Arbitration agreements
5(1) An arbitration agreement need not be in writing.
(2) An agreement requiring or having the effect of requiring that a matter in dispute be adjudicated by arbitration before it may be dealt with by a court has the same effect as an arbitration agreement.
(3) An arbitration agreement may be rescinded only in accordance with the law of contract.
1991 cA‑43.1 s5
Court Intervention
Court intervention limited
6 No court may intervene in matters governed by this Act, except for the following purposes as provided by this Act:
(a) to assist the arbitration process;
(b) to ensure that an arbitration is carried on in accordance with the arbitration agreement;
(c) to prevent manifestly unfair or unequal treatment of a party to an arbitration agreement;
(d) to enforce awards.
1991 cA‑43.1 s6
Stay
7(1) If a party to an arbitration agreement commences a proceeding in a court in respect of a matter in dispute to be submitted to arbitration under the agreement, the court shall, on the application of another party to the arbitration agreement, stay the proceeding.
(2) The court may refuse to stay the proceeding in only the following cases:
(a) a party entered into the arbitration agreement while under a legal incapacity;
(b) the arbitration agreement is invalid;
(c) the subject‑matter of the dispute is not capable of being the subject of arbitration under Alberta law;
(d) the application to stay the proceeding was brought with undue delay;
(e) the matter in dispute is a proper one for default or summary judgment.
(3) An arbitration of the matter in dispute may be commenced or continued while the application is before the court.
(4) If the court refuses to stay the proceeding,
(a) no arbitration of the matter in dispute shall be commenced, and
(b) an arbitration that has been commenced shall not be continued, and anything done in connection with the arbitration before the court’s refusal is without effect.
(5) The court may stay the proceeding with respect to the matters in dispute dealt with in the arbitration agreement and allow the proceeding to continue with respect to other matters if it finds that
(a) the agreement deals with only some of the matters in dispute in respect of which the proceeding was commenced, and
(b) it is reasonable to separate the matters in dispute dealt with in the agreement from the other matters.
(6) There is no appeal from the court’s decision under this section.
RSA 2000 cA‑43 s7;2009 c53 s24
Powers of court
8(1) The court’s powers with respect to the detention, preservation and inspection of property, interim injunctions and the appointment of receivers are the same in arbitrations as in court actions.
(2) On the application of the arbitral tribunal, or on a party’s application with the consent of the other parties or the arbitral tribunal, the court may determine any question of law that arises during the arbitration.
(3) The court’s determination of a question of law may, with the permission of the Court of Appeal, be appealed to the Court of Appeal.
(4) On the application of all the parties to more than one arbitration, the court may order, on terms that it considers just,
(a) that the arbitrations be consolidated,
(b) that the arbitrations be conducted simultaneously or consecutively, or
(c) that any of the arbitrations be stayed until any of the others are completed.
(5) When the court orders that arbitrations be consolidated, it may appoint an arbitral tribunal for the consolidated arbitration, and if all the parties agree as to the choice of the arbitral tribunal, the court shall appoint that arbitral tribunal.
(6) Subsection (4) does not prevent the parties to more than one arbitration from agreeing to consolidate the arbitrations and doing everything necessary to effect the consolidation.
RSA 2000 cA‑43 s8;2014 c13 s15
Arbitral Tribunal
Number of arbitrators
9 If the arbitration agreement does not specify the number of arbitrators who are to form the arbitral tribunal, it shall be composed of one arbitrator.
1991 cA‑43.1 s9
Appointment of arbitral tribunal
10(1) The court may appoint the arbitral tribunal, on a party’s application, if
(a) the arbitration agreement provides no procedure for appointing the arbitral tribunal, or
(b) a person with power to appoint the arbitral tribunal has not done so within the time provided in the agreement or after a party has given the person 7 days’ notice to do so, whichever is later.
(2) There is no appeal from the court’s appointment of the arbitral tribunal.
(3) Subsections (1) and (2) apply to the appointment of individual members of arbitral tribunals.
(4) An arbitral tribunal composed of 3 or more arbitrators shall, and an arbitral tribunal composed of 2 arbitrators may, elect a chair from among themselves.
1991 cA‑43.1 s10
Independence and impartiality of arbitrators
11(1) An arbitrator shall be independent of the parties and impartial as between the parties.
(2) Before accepting an appointment as arbitrator, a person shall disclose to all parties to the arbitration any circumstances of which that person is aware that may give rise to a reasonable apprehension of bias.
(3) An arbitrator who, during an arbitration, becomes aware of circumstances that may give rise to a reasonable apprehension of bias shall promptly disclose the circumstances to all the parties.
1991 cA‑43.1 s11
No revocation
12 A party may not revoke the appointment of an arbitrator.
1991 cA‑43.1 s12
Challenge
13(1) A party may challenge an arbitrator only on one of the following grounds:
(a) circumstances exist that may give rise to a reasonable apprehension of bias;
(b) the arbitrator does not possess qualifications that the parties have agreed are necessary.
(2) A party who appointed an arbitrator or participated in the arbitrator’s appointment may challenge the arbitrator only on grounds of which the party was unaware at the time of the appointment.
(3) A party who wishes to challenge an arbitrator shall send the arbitral tribunal a statement of the grounds for the challenge within 15 days after becoming aware of them.
(4) The other parties may agree to remove the arbitrator who is being challenged, or the arbitrator may resign.
(5) If the arbitrator is not removed by the parties or does not resign, the arbitral tribunal, including the arbitrator who is being challenged, shall decide the issue and shall notify the parties of its decision.
(6) Within 10 days after being notified of the arbitral tribunal’s decision, a party may make an application to the court to decide the issue.
(7) While an application is pending, the arbitral tribunal, including the arbitrator who is being challenged, may continue the arbitration and make an award, unless the court orders otherwise.
1991 cA‑43.1 s13
Termination of arbitrator’s mandate
14(1) An arbitrator’s mandate terminates when
(a) the arbitrator resigns or dies,
(b) the parties agree to remove the arbitrator,
(c) 10 days elapse after all the parties are notified of the arbitral tribunal’s decision to uphold a challenge of the arbitrator and remove the arbitrator, and no application is made to the court under section 13(6), or
(d) the court removes the arbitrator under section 15(1).
(2) An arbitrator’s resignation or a party’s agreement to terminate an arbitrator’s mandate does not imply acceptance of the validity of any reason advanced for challenging or removing the arbitrator.
1991 cA‑43.1 s14
Removal of arbitrator by court
15(1) The court may remove an arbitrator on a party’s application under section 13(6), or may do so on a party’s application if the arbitrator becomes unable to perform the functions of an arbitrator, commits a corrupt or fraudulent act, delays unduly in conducting the arbitration or does not conduct the arbitration in accordance with section 19.
(2) The arbitrator is entitled to be heard by the court on an application under subsection (1).
(3) When the court removes an arbitrator, it may give directions on the conduct of the arbitration.
(4) If the court removes an arbitrator for a corrupt or fraudulent act or for undue delay, it may order that the arbitrator receive no payment for services and may order that the arbitrator compensate the parties for all or part of the costs, as determined by the court, that they incurred in connection with the arbitration before the arbitrator’s removal.
(5) Within 30 days after receiving the court’s decision, the arbitrator or a party may, with the permission of the Court of Appeal, appeal to the Court of Appeal an order made under subsection (4) or the refusal to make such an order.
(6) Except as provided in subsection (5), there is no appeal from the court’s decision or from its directions under this section.
RSA 2000 cA‑43 s15;2014 c13 s15
Appointment of substitute arbitrator
16(1) When an arbitrator’s mandate terminates, a substitute arbitrator shall be appointed, following the procedures that were used in the appointment of the arbitrator being replaced.
(2) When an arbitrator’s mandate terminates, the court may, on the application of any party, give directions about the conduct of the arbitration.
(3) The court may appoint the substitute arbitrator on a party’s application if
(a) the arbitration agreement provides no procedure for appointing the substitute arbitrator, or
(b) a person with power to appoint the substitute arbitrator has not done so within the time provided in the agreement or after a party has given the person 7 days’ notice to do so, whichever is later.
(4) There is no appeal from the court’s decision or from its directions under this section.
(5) This section does not apply if the arbitration agreement provides that the arbitration is to be conducted only by a named arbitrator.
1991 cA‑43.1 s16
Jurisdiction of Arbitral Tribunal
Jurisdiction, objections
17(1) An arbitral tribunal may rule on its own jurisdiction to conduct the arbitration and may in that connection rule on objections with respect to the existence or validity of the arbitration agreement.
(2) The arbitral tribunal may determine any question of law that arises during the arbitration.
(3) If the arbitration agreement forms part of another agreement, it shall, for the purposes of a ruling on jurisdiction, be treated as an independent agreement that may survive even if the other agreement is found to be invalid.
(4) A party who objects to the arbitral tribunal’s jurisdiction to conduct the arbitration shall do so no later than the beginning of the hearing or, if there is no hearing, no later than the first occasion on which the party submits a statement referred to in section 25 to the tribunal.
(5) A party who has appointed or participated in the appointment of an arbitrator is not prevented from objecting to the jurisdiction of the arbitral tribunal to conduct the arbitration.
(6) A party who objects that the arbitral tribunal is exceeding its jurisdiction shall do so as soon as the matter alleged to be beyond the tribunal’s jurisdiction is raised during the arbitration.
(7) Notwithstanding section 4, if the arbitral tribunal considers the delay justified, a party may object after the time referred to in subsection (4) or (6), as the case may be, has passed.
(8) The arbitral tribunal may rule on an objection when it is raised or may deal with it in an award.
(9) If the arbitral tribunal rules on an objection as a preliminary question, a party may, within 30 days after receiving notice of the ruling, make an application to the court to decide the matter.
(10) There is no appeal from the court’s decision on an application under subsection (9).
(11) While an application is pending, the arbitral tribunal may continue the arbitration and make an award.
1991 cA‑43.1 s17
Detention, preservation and inspection of property and documents
18(1) On a party’s request, an arbitral tribunal may make an order for the detention, preservation or inspection of property and documents that are the subject of the arbitration or as to which a question may arise in the arbitration and may order a party to provide security in that connection.
(2) The court may enforce the order of an arbitral tribunal as if it were a similar order made by the court in an action.
1991 cA‑43.1 s18
Conduct of Arbitration
Equality and fairness
19(1) An arbitral tribunal shall treat the parties equally and fairly.
(2) Each party shall be given an opportunity to present a case and to respond to the other parties’ cases.
1991 cA‑43.1 s19
Procedure
20(1) The arbitral tribunal may determine the procedure to be followed in the arbitration.
(2) An arbitral tribunal that is composed of more than one arbitrator may delegate the determination of questions of procedure to the chair.
1991 cA‑43.1 s20
Evidence
21(1) The arbitral tribunal is not bound by the rules of evidence or any other law applicable to judicial proceedings and has power to determine the admissibility, relevance and weight of any evidence.
(2) The arbitral tribunal may determine the manner in which evidence is to be admitted.
1991 cA‑43.1 s21
Time and place of arbitration and meetings
22(1) The arbitral tribunal shall determine the time, date and place of arbitration, taking into consideration the parties’ convenience and the other circumstances of the case.
(2) The arbitral tribunal may meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or parties or for inspecting property or documents.
1991 cA‑43.1 s22
Commencement of arbitration
23(1) An arbitration may be commenced in any way recognized by law, including the following:
(a) a party to an arbitration agreement serves on the other parties notice to appoint or to participate in the appointment of an arbitrator under the agreement;
(b) if the arbitration agreement gives a person who is not a party power to appoint an arbitrator, a party serves notice to exercise that power on the person and serves a copy of the notice on the other parties;
(c) a party serves on the other parties a notice demanding arbitration under the arbitration agreement.
(2) The arbitral tribunal may exercise its powers when every member has accepted appointment.
1991 cA‑43.1 s23
Matters referred to arbitration
24 An arbitration commenced without identifying the matters in dispute is deemed to refer to arbitration all matters in dispute that the arbitration agreement entitles the party commencing the arbitration to refer.
1991 cA‑43.1 s24
Procedural directions
25(1) An arbitral tribunal may require that the parties submit their statements within a specified period of time.
(2) The statements of the parties shall indicate the facts supporting their position, the points at issue and the relief sought.
(3) The parties may submit, with their statements, the documents they consider relevant or may refer to the documents or other evidence they intend to submit.
(4) The parties may amend or supplement their statements during the arbitration, but the arbitral tribunal may disallow a change that is unduly delayed.
(5) The parties may submit their statements orally with the permission of the arbitral tribunal.
(6) The parties, and persons claiming through or under them, shall, subject to any legal objection, comply with the directions of the arbitral tribunal, including directions to
(a) submit to examination on oath or affirmation with respect to the matters in dispute, or
(b) produce records and documents that are in their possession or power.
(7) The court may enforce a direction of the arbitral tribunal as if it were a direction made by the court in an action.
1991 cA‑43.1 s25
Hearings and written proceedings
26(1) The arbitral tribunal may conduct the arbitration on the basis of documents or may hold hearings for the presentation of evidence and for oral argument, but the tribunal shall hold a hearing if a party requests it.
(2) The arbitral tribunal shall give the parties sufficient notice of hearings and of meetings of the tribunal for the purpose of inspecting property or documents.
(3) A party shall
(a) provide to the other parties a copy of any statement submitted to the arbitral tribunal, and
(b) make available to the other parties any other information supplied to the arbitral tribunal.
(4) The arbitral tribunal shall not rely on an expert report or other document of which the parties have not been informed.
1991 cA‑43.1 s26
Default
27(1) If the party commencing the arbitration does not submit a statement within the period of time specified under section 25(1), the arbitral tribunal may dismiss the claim by making an award terminating the arbitration, unless the party offers a satisfactory explanation.
(2) If a party other than the one who commenced the arbitration does not submit a statement within the period of time specified under section 25(1), the arbitral tribunal may continue the arbitration unless that party offers a satisfactory explanation, but the tribunal shall not treat the failure of that party to submit a statement as an admission of any other party’s allegations.
(3) If a party fails to appear at a hearing or to produce documentary evidence, the arbitral tribunal may continue the arbitration and make an award on the evidence before it, unless the party offers a satisfactory explanation.
(4) In the case of an unreasonable delay by the party who commenced the arbitration, the arbitral tribunal may
(a) make an award terminating the arbitration, or
(b) give directions for the speedy determination of the arbitration,
and may impose conditions on its decision.
1991 cA‑43.1 s27
Appointment of expert
28(1) An arbitral tribunal may appoint an expert to report to it on specific issues.
(2) The expert shall be a person agreed on by the parties and, failing an agreement, shall be determined by the arbitral tribunal.
(3) The remuneration to be paid to the expert shall be paid by the parties in equal portions, subject to the direction of the arbitral tribunal.
(4) The arbitral tribunal may require the parties to give the expert any relevant information or to allow the expert to inspect property or documents.
(5) At the request of a party or of the arbitral tribunal, the expert, after making the report, shall participate in a hearing in which the parties may question the expert and present the testimony of another expert on the subject‑matter of the report.
1991 cA‑43.1 s28
Obtaining evidence
29(1) A party may serve a person with a notice requiring the person to attend and give evidence at the arbitration at the time and place named in the notice.
(2) The notice has the same effect as a notice in a court proceeding requiring a witness to attend at a hearing or produce documents and shall be served in the same way.
(3) An arbitral tribunal may administer oaths, affirmations and declarations.
(4) An arbitral tribunal shall require witnesses to testify under oath, affirmation or declaration.
(5) On the application of a party or of the arbitral tribunal, the court may make orders and give directions with respect to the taking of evidence for an arbitration as if the arbitration were a court proceeding.
1991 cA‑43.1 s29
Restriction
30 No person shall be compelled to produce information, property or documents or to give evidence in an arbitration that the person could not be compelled to produce or give in a court proceeding.
1991 cA‑43.1 s30
Award and Termination of Arbitration
Application of law and equity
31 An arbitral tribunal shall decide a matter in dispute in accordance with law, including equity, and may order specific performance, injunctions and other equitable remedies.
1991 cA‑43.1 s31
Conflict of laws
32(1) In deciding a matter in dispute, an arbitral tribunal shall apply the law of a jurisdiction designated by the parties or, if none is designated, the law of a jurisdiction it considers appropriate in the circumstances.
(2) A designation by the parties of the law of a jurisdiction refers to the jurisdiction’s substantive law and not to its conflict of laws rules unless the parties expressly indicate that the designation includes them.
1991 cA‑43.1 s32
Application of arbitration agreement, contract and usages of trade
33 The arbitral tribunal shall decide the matters in dispute in accordance with the arbitration agreement and the contract, if any, under which the matters arose and shall also take into consideration any applicable usages of trade.
1991 cA‑43.1 s33
Decision of arbitral tribunal
34 If an arbitral tribunal is composed of more than one member, a decision of a majority of the members is a decision of the arbitral tribunal, but if there is no majority decision or unanimous decision, the decision of the chair governs.
1991 cA‑43.1 s34
Mediation and conciliation
35(1) The members of an arbitral tribunal may, if the parties consent, use mediation, conciliation or similar techniques during the arbitration to encourage settlement of the matters in dispute.
(2) After the members of an arbitral tribunal use a technique referred to in subsection (1), they may resume their roles as arbitrators without disqualification.
1991 cA‑43.1 s35
Settlement
36 If the parties settle the matters in dispute during arbitration, the arbitral tribunal shall terminate the arbitration and shall record the settlement in the form of an award.
1991 cA‑43.1 s36
Binding nature of award
37 An award binds the parties unless it is set aside or varied under section 44 or 45.
1991 cA‑43.1 s37
Form of award
38(1) An award shall be made in writing and, except in the case of an award made under section 36, shall state the reasons on which it is based.
(2) An award shall indicate the place where and the date on which it is made.
(3) An award shall be dated and signed by all the members of the arbitral tribunal, or by a majority of them if an explanation of the omission of the other signatures is included.
(4) A copy of an award shall be served on each party.
1991 cA‑43.1 s38
Extension of time limits
39 The court may extend the time within which the arbitral tribunal is required to make an award, even if the time has expired.
1991 cA‑43.1 s39
Amplification of reasons
40(1) A party may, within 30 days after receiving a copy of the award, request, in writing, that the arbitral tribunal provide a further explanation of the reasons on which the award is based.
(2) If the arbitral tribunal does not give a sufficient explanation within 15 days after receiving the request, the court, on the party’s application, may order the tribunal to do so.
1991 cA‑43.1 s40
Interim and final awards
41(1) The arbitral tribunal may make interim awards.
(2) The arbitral tribunal may make more than one final award, disposing of one or more matters in dispute referred to arbitration in each award.
1991 cA‑43.1 s41
Termination of arbitration
42(1) An arbitration is terminated when
(a) the arbitral tribunal makes a final award or awards in accordance with this Act, disposing of all matters in dispute referred to arbitration,
(b) the arbitral tribunal terminates the arbitration under subsection (2) or section 27(1) or (4), or
(c) the arbitrator’s mandate is terminated, if the arbitration agreement provides that the arbitration is to be conducted only by that arbitrator.
(2) An arbitral tribunal shall make an order terminating the arbitration if
(a) the party that commenced the arbitration withdraws the matters in dispute, unless the other party objects to the termination and the arbitral tribunal agrees that the other party is entitled to obtain a final settlement of the matters in dispute,
(b) the parties agree that the arbitration should be terminated, or
(c) the arbitral tribunal finds that the continuation of the arbitration has become unnecessary or impossible.
(3) An arbitration that is terminated may only be revived for the purposes of section 43, 44(4), 45(7) and (8) or 53(4).
(4) The death of a party to an arbitration does not terminate an arbitral tribunal.
(5) Subsection (4) does not affect a rule of law or an enactment under which the death of a person extinguishes a cause of action.
1991 cA‑43.1 s42
Correction of errors
43(1) An arbitral tribunal may, on its own initiative within 30 days after making an award or at a party’s request made within 30 days after receiving the award,
(a) correct typographical errors, errors of calculation and similar errors in the award, or
(b) amend the award so as to correct an injustice caused by an oversight on the part of the arbitral tribunal.
(2) The arbitral tribunal may,
(a) on its own initiative within 30 days after making an award or such longer time as approved by the parties, or
(b) at the request of a party within 30 days after receipt of the award by that party,
make an additional award to deal with a matter in dispute that was presented in the arbitration but omitted from the earlier award.
(3) The arbitral tribunal need not hold a hearing or meeting before rejecting a request made under this section.
1991 cA‑43.1 s43
Remedies
Appeal of award
44(1) If the arbitration agreement so provides, a party may appeal an award to the court on a question of law, on a question of fact or on a question of mixed law and fact.
(2) If the arbitration agreement does not provide that the parties may appeal an award to the court on a question of law, a party may, with the permission of the court, appeal an award to the court on a question of law.
(2.1) The court shall grant the permission referred to in subsection (2) only if it is satisfied that
(a) the importance to the parties of the matters at stake in the arbitration justifies an appeal, and
(b) the determination of the question of law at issue will significantly affect the rights of the parties.
(3) Notwithstanding subsections (1) and (2), a party may not appeal an award to the court on a question of law that the parties expressly referred to the arbitral tribunal for decision.
(4) The court may require the arbitral tribunal to explain any matter.
(5) The court may confirm, vary or set aside the award or may remit the award to the arbitral tribunal and give directions about the conduct of the arbitration.
(6) Where the court remits the award to the arbitral tribunal in the case of an appeal on a question of law, it may also remit to the tribunal the court’s opinion on the question of law.
RSA 2000 cA‑43 s44;2014 c13 s15
Setting aside award
45(1) On a party’s application, the court may set aside an award on any of the following grounds:
(a) a party entered into the arbitration agreement while under a legal incapacity;
(b) the arbitration agreement is invalid or has ceased to exist;
(c) the award deals with a matter in dispute that the arbitration agreement does not cover or contains a decision on a matter in dispute that is beyond the scope of the agreement;
(d) the composition of the arbitral tribunal was not in accordance with the arbitration agreement or, if the agreement did not deal with the matter, was not in accordance with this Act;
(e) the subject‑matter of the arbitration is not capable of being the subject of arbitration under Alberta law;
(f) the applicant was treated manifestly unfairly and unequally, was not given an opportunity to present a case or to respond to another party’s case, or was not given proper notice of the arbitration or of the appointment of an arbitrator;
(g) the procedures followed in the arbitration did not comply with this Act or the arbitration agreement;
(h) an arbitrator has committed a corrupt or fraudulent act or there is a reasonable apprehension of bias;
(i) the award was obtained by fraud.
(2) If subsection (1)(c) applies and it is reasonable to separate the decisions on matters covered by the arbitration agreement from the impugned ones, the court shall set aside the impugned decisions and allow the others to stand.
(3) The court shall not set aside an award on grounds referred to in subsection (1)(c) if the applicant has agreed to the inclusion of the matter in dispute, waived the right to object to its inclusion or agreed that the arbitral tribunal has power to decide what matters in dispute have been referred to it.
(4) The court shall not set aside an award on grounds referred to in subsection (1)(h) if the applicant had an opportunity to challenge the arbitrator on those grounds under section 13 before the award was made and did not do so or if those grounds were the subject of an unsuccessful challenge.
(5) The court shall not set aside an award on a ground to which the applicant is deemed under section 4 to have waived the right to object.
(6) If the ground alleged for setting aside the award could have been raised as an objection to the arbitral tribunal’s jurisdiction to conduct the arbitration, the court may set the award aside on that ground if it considers the applicant’s failure to make an objection in accordance with section 17 justified.
(7) When the court sets aside an award, it may remove an arbitrator or the arbitral tribunal and may give directions about the conduct of the arbitration.
(8) Instead of setting aside an award, the court may remit it to the arbitral tribunal and give directions about the conduct of the arbitration.
1991 cA‑43.1 s45
Time limit
46(1) The following must be commenced within 30 days after the appellant or applicant receives the award, correction, explanation, change or statement of reasons on which the appeal or application is based:
(a) an appeal under section 44(1);
(b) an application for permission to appeal under section 44(2);
(c) an application to set aside an award under section 45.
(2) An application to set aside an award on the grounds that an arbitrator has committed a corrupt or fraudulent act or that the award was obtained by fraud must be commenced
(a) within the period referred to in subsection (1), or
(b) within 30 days after the applicant discovers or ought to have discovered the fraud or corrupt act,
whichever is later.
RSA 2000 cA‑43 s46;2014 c13 s15
Declaration of invalidity of arbitration
47(1) At any stage during or after an arbitration on the application of a party who has not participated in the arbitration, the court may grant a declaration that the arbitration is invalid because
(a) a party entered into the arbitration agreement while under a legal incapacity,
(b) the arbitration agreement is invalid or has ceased to exist,
(c) the subject‑matter of the arbitration is not capable of being the subject of arbitration under Alberta law, or
(d) the arbitration agreement does not apply to the matter in dispute.
(2) When the court grants the declaration it may also grant an injunction prohibiting the commencement or continuation of the arbitration.
1991 cA‑43.1 s47
Further appeal to Court of Appeal
48 An appeal from the Court of Queen’s Bench decision under section 44, 45 or 47 may, with the permission of a justice of the Court of Appeal, be made to the Court of Appeal.
RSA 2000 cA‑43 s48;RSA 2000 c16(Supp) s69;2014 c13 s15
Enforcement of award
49(1) A person who is entitled to enforce an award made in Alberta or elsewhere in Canada may make an application to the court to that effect.
(2) The application shall be made on notice to the person against whom enforcement is sought, in accordance with the Alberta Rules of Court, and shall be supported by the original award or a certified copy of it.
(3) The court shall give a judgment enforcing an award made in Alberta unless
(a) the 30‑day period for commencing an appeal or an application to set the award aside has not yet elapsed,
(b) an appeal, an application to set the award aside or an application for a declaration of invalidity is pending, or
(c) the award has been set aside or the arbitration is the subject of a declaration of invalidity.
(4) The court shall give a judgment enforcing an award made elsewhere in Canada unless
(a) the period for commencing an appeal or an application to set the award aside provided by the laws in force in the province or territory where the award was made has not yet elapsed,
(b) an appeal, an application to set the award aside or an application for a declaration of invalidity is pending in the province or territory where the award was made,
(c) the award has been set aside in the province or territory where it was made or the arbitration is the subject of a declaration of invalidity granted there, or
(d) the subject‑matter of the award is not capable of being the subject of arbitration under Alberta law.
(5) If the period for commencing an appeal, an application to set the award aside or an application for a declaration of invalidity has not yet elapsed, or if such a proceeding is pending, the court may
(a) enforce the award, or
(b) order, on such conditions as the court considers just, that enforcement of the award is stayed until the period has elapsed without such a proceeding being commenced or until the pending proceeding is finally disposed of.
(6) If the court stays the enforcement of an award made in Alberta until a pending proceeding is finally disposed of, it may give directions for the speedy disposition of the proceeding.
(7) If the award gives a remedy that the court does not have jurisdiction to grant or would not grant in a proceeding based on similar circumstances, the court may
(a) grant a different remedy requested by the applicant, or
(b) in the case of an award made in Alberta, remit it to the arbitral tribunal with the court’s opinion, in which case the arbitral tribunal may award a different remedy.
(8) The court has the same powers with respect to the enforcement of awards as with respect to the enforcement of its own judgments.
1991 cA‑43.1 s49
General
Crown bound
50 This Act binds the Crown.
1991 cA‑43.1 s50
Limitation periods
51(1) The law with respect to limitation periods applies to an arbitration as if the arbitration were an action and a matter in dispute in the arbitration were a cause of action.
(2) If the court sets aside an award, terminates an arbitration or declares an arbitration to be invalid, it may order that the period from the commencement of the arbitration to the date of the order is excluded from the computation of the time within which an action may be brought on a cause of action that was a matter in dispute in the arbitration.
(3) An application for the enforcement of an award may not be made more than
(a) 2 years after the day on which the applicant receives the award, or
(b) 2 years after all appeal periods have expired,
whichever is later.
1991 cA‑43.1 s51
Service of notice
52(1) A notice or other document may be served on an individual by leaving it with that individual.
(2) A notice or other document may be served on a corporation by leaving it with an officer, director or agent of the corporation, or at a place of business of the corporation with a person who appears to be in control or management of the place.
(3) A notice or other document may be served by facsimile telecommunication by sending it to the addressee at the number that the addressee specified in the arbitration agreement or furnished to the arbitral tribunal.
(4) If a reasonable effort to serve a notice or other document under subsection (1) or (2) is not successful and it is not possible to serve it under subsection (3), it may be sent by prepaid registered mail to the mailing address that the addressee specified in the arbitration agreement or furnished to the arbitral tribunal or, if none was specified or furnished, to the addressee’s last known place of business or residence.
(5) Unless the addressee establishes that the addressee, acting in good faith, through absence, illness or other cause beyond the addressee’s control failed to receive the notice or other document until a later date, it is deemed to have been received,
(a) on the day it is given or transmitted, in the case of service under subsection (1), (2) or (3), or
(b) on the 5th day after the day of mailing, in the case of service under subsection (4).
(6) The court may make an order for substitutional service or an order dispensing with service in the same manner as under the Alberta Rules of Court if the court is satisfied that it is necessary to serve the notice or other document to commence an arbitration or proceed toward the appointment of an arbitral tribunal and that it is impractical for any reason to effect prompt service under subsection (1), (2), (3) or (4).
(7) This section does not apply to the service of documents in respect of court proceedings.
RSA 2000 cA‑43 s52;2009 c53 s24
Costs
53(1) An arbitral tribunal may award the costs of an arbitration.
(2) The arbitral tribunal may award all or part of the costs of an arbitration on a solicitor‑and‑client basis, a party‑and‑party basis or any other basis but if it does not specify the basis, the costs shall be determined on a party‑and‑party basis.
(3) The costs of an arbitration consist of the parties’ legal expenses, the fees and expenses of the arbitral tribunal and any other expenses related to the arbitration.
(4) If the arbitral tribunal does not deal with costs in an award, a party may, within 30 days after receiving the award, request that it make a further award dealing with costs.
(5) In the absence of an award dealing with costs, each party is responsible for that party’s own legal expenses and for an equal share of the fees and expenses of the arbitral tribunal and of any other expenses related to the arbitration.
(6) If a party makes an offer, in writing, to another party to settle the matter in dispute or part of it, the offer is not accepted and the arbitral tribunal’s award is no more favourable to the party to which the offer was made than was the offer, the arbitral tribunal may take that fact into account in awarding costs in respect of the period from the making of the offer to the making of the award.
(7) The fact that an offer to settle has been made shall not be communicated to the arbitral tribunal until it has made a final determination of all aspects of the matters in dispute other than costs.
1991 cA‑43.1 s53
Interest
54(1) An arbitral tribunal has the same power with respect to interest as the court has under the Judgment Interest Act, but the provision for payment into court does not apply.
(2) An award is a judgment debt for the purposes of the Judgment Interest Act.
1991 cA‑43.1 s54
Assessment and review of costs
55(1) The fees and expenses paid to an arbitrator shall not exceed the fair and reasonable value of the services performed and the necessary and reasonable expenses actually incurred.
(2) A party to an arbitration may have an arbitrator’s account for fees and expenses reviewed by a review officer under the Alberta Rules of Court in the same manner that a lawyer’s account for lawyer’s charges may be reviewed.
(3) If the arbitral tribunal awards costs and directs that they be assessed, or awards costs without fixing the amount or indicating how it is to be ascertained, a party to the arbitration may have the costs assessed by an assessment officer under the Alberta Rules of Court in the same manner as costs awarded may be assessed under the Rules in similar circumstances.
(4) In assessing the part of the costs represented by the fees and expenses of the arbitral tribunal, the assessment officer shall apply the same principles as in the review of an account under subsection (2).
(5) Subsection (2) applies even if the account has been paid.
(6) On the application of a party to the arbitration, the court may review the assessment of costs or the review of the arbitrator’s account and may confirm it, vary it, set it aside or remit it to the assessment officer or review officer with directions.
(7) On the application of an arbitrator the court may review the review of the arbitrator’s account and may confirm it, vary it, set it aside or remit it to the review officer with directions.
(8) An application for review under subsection (6) or (7) may not be made after the period specified in the assessment officer’s or review officer’s certificate has elapsed or, if no period is specified, more than 30 days after the date of the certificate, unless the court orders otherwise.
(9) When the time during which an application for review may be made has expired and no application has been made, or when the court has reviewed the assessment or review and made a final determination, the assessment officer’s or review officer’s certificate may be filed with the court and enforced as if it were a judgment of the court.
RSA 2000 cA‑43 s55;2009 c53 s24
Transitional
56(1) This Act applies to arbitrations conducted under arbitration agreements made before September 1, 1991 if the arbitration is commenced on or after September 1, 1991.
(2) Notwithstanding its repeal by section 58, the Arbitration Act (RSA 1980 cA-43) continues to apply to arbitrations that are commenced before September 1, 1991.
1991 cA‑43.1 s56
