HomeC.C.S.M. c. A120
The Arbitration Act
| Back to the Act |
| INTRODUCTORY MATTERS | |
| 1(1) | Definitions |
| (2) | Further agreement |
| (3) | Effect of enactment |
| 2(1) | Application of Act |
| (2) | Conflict between enactments |
| (3) | Exemption of Act by regulation |
| 3 | Contracting out |
| 4 | Waiver of right to object |
| 5(1) | Writing unnecessary |
| (2) | Equivalent agreement |
| (3) | Recission |
| COURT INTERVENTION | |
| 6 | Court intervention limited |
| 7(1) | Stay |
| (2) | Refusal to stay |
| (3) | Arbitration during motion |
| (4) | No arbitration if stay refused |
| (5) | Partial stay |
| (6) | No appeal |
| 8(1) | Powers of court |
| (2) | Determination of question of law |
| (3) | Appeal on question of law |
| (4) | Multiple arbitrations |
| (5) | Consolidation by order |
| (6) | Consolidation by agreement |
| ARBITRAL TRIBUNAL | |
| 9 | Number of arbitrators |
| 10(1) | Appointment of arbitral tribunal |
| (2) | No appeal |
| (3) | Appointment of individual members |
| (4) | Chairperson |
| 11(1) | Independence and impartiality of arbitrator |
| (2) | Disclosure before appointment |
| (3) | Disclosure during proceedings |
| 12 | No revocation |
| 13(1) | Challenge |
| (2) | Challenge by appointing party |
| (3) | Grounds of challenge |
| (4) | Removal by agreement or resignation |
| (5) | Decision on challenge |
| (6) | Appeal from decision |
| (7) | Tribunal to act during challenge |
| 14(1) | Termination of arbitrator's mandate |
| (2) | No presumption re resignation or removal |
| 15(1) | Removal of arbitrator by court |
| (2) | Arbitrator's right to be heard |
| (3) | Conduct after arbitrator removed |
| (4) | When arbitrator not to be paid |
| (5) | Appeal from decision of court |
| (6) | No other appeal |
| 16(1) | Appointment of substitute arbitrator |
| (2) | Arbitration after mandate ends |
| (3) | Application for substitute arbitrator |
| (4) | No appeal |
| (5) | Agreement on specified arbitrator |
| JURISDICTION OF ARBITRAL TRIBUNAL | |
| 17(1) | Ruling on jurisdiction and objections |
| (2) | Questions of law |
| (3) | Arbitration agreement part of another agreement |
| (4) | Time for objection |
| (5) | Who may object |
| (6) | Objection re tribunal exceeding authority |
| (7) | Objection after time limit |
| (8) | Ruling on objection |
| (9) | Ruling as preliminary question |
| (10) | Court's decision final |
| (11) | Arbitration pending decision |
| 18(1) | Order respecting property and documents |
| (2) | Court may enforce order |
| CONDUCT OF ARBITRATION | |
| 19(1) | Equality and fairness |
| (2) | Opportunities to be heard |
| 20(1) | Tribunal may determine procedure |
| (2) | Delegation of procedural questions |
| 21(1) | Evidence |
| (2) | Manner of admission |
| 22(1) | Time and place of arbitration |
| (2) | Place of meetings |
| 23(1) | Commencement of arbitration |
| (2) | First exercise of powers |
| 24 | Matters referred to arbitration |
| 25(1) | Submission of statements |
| (2) | Content of statements |
| (3) | Documents included |
| (4) | Amendment of statements |
| (5) | Oral statements |
| (6) | Parties to comply with directions |
| (7) | Enforcement of directions |
| 26(1) | Hearings |
| (2) | Notice of hearings and meetings |
| (3) | Parties to share information |
| (4) | Tribunal to share documents |
| 27(1) | Default |
| (2) | Other party's failure to submit statement |
| (3) | Failure to appear |
| (4) | Delay |
| (5) | Default in joint arbitration |
| (6) | Counterclaim |
| 28(1) | Appointment of expert |
| (2) | Sharing information with expert |
| (3) | Expert at hearing |
| 29(1) | Obtaining evidence |
| (2) | Effect of notice |
| (3) | Oath |
| (4) | Testimony under oath |
| (5) | Orders respecting evidence |
| 30 | Restriction |
| AWARDS AND TERMINATION OF ARBITRATION | |
| 31 | Application of law and equity |
| 32(1) | Application of rules of law |
| (2) | Presumption |
| 33 | Application of arbitration agreement, contract and usages of trade |
| 34 | Decision of arbitral tribunal |
| 35(1) | Mediation and conciliation |
| (2) | Resumption of arbitration |
| 36 | Settlement by parties |
| 37 | Binding nature of award |
| 38(1) | Form of award |
| (2) | Date and place to be stated |
| (3) | Members to sign |
| (4) | Delivery to parties |
| 39 | Extension of time limit |
| 40(1) | Amplification of reasons |
| (2) | Order for explanation |
| 41(1) | Interim awards |
| (2) | Final award |
| 42(1) | Termination of arbitration |
| (2) | Termination of arbitration by tribunal |
| (3) | Revival of arbitration |
| (4) | Death of a party |
| 43(1) | Correction of errors |
| (2) | Additional award |
| (3) | No hearing required |
| REMEDIES | |
| 44(1) | Appeal of award |
| (2) | Appeal on question of law with leave |
| (3) | Court may require explanation |
| (4) | Powers of court |
| (5) | Appeal to Court of Appeal |
| 45(1) | Grounds for setting aside award |
| (2) | Setting aside part of arbitration award |
| (3) | No setting aside if party agreed |
| (4) | No setting aside if no challenge |
| (5) | No setting aside if waiver under section 4 |
| (6) | Setting aside where failure to object justified |
| (7) | Powers of court in setting aside |
| (8) | Alternate powers of court instead of setting aside |
| 46(1) | Time limit |
| (2) | Fraud or corrupt act |
| 47(1) | Declaration of invalidity of arbitration |
| (2) | Injunction |
| 48 | Further appeal to Court of Appeal |
| 49(1) | Enforcement of award |
| (2) | Application for enforcement |
| (3) | Enforcing Manitoba award |
| (4) | Enforcing other award |
| (5) | Where appeal still allowed |
| (6) | Where proceeding pending |
| (7) | Change of remedy |
| (8) | Court may enforce awards |
| GENERAL | |
| 50 | Crown bound |
| 51(1) | Limitation periods |
| (2) | Order re deadline to commence action |
| (3) | Deadline for application to enforce |
| 52(1) | Service on individual |
| (2) | Service on corporation |
| (3) | Service by fax |
| (4) | Service by registered mail |
| (5) | Deemed receipt |
| (6) | Substituted service |
| (7) | Service of documents re court proceedings |
| 53(1) | Costs |
| (2) | Basis for costs |
| (3) | What costs include |
| (4) | Further award re costs |
| (5) | Where no award re costs |
| (6) | Offer to settle relevant to costs |
| (7) | Tribunal not to know of offer to settle |
| 54 | Arbitrator's fees and expenses |
| 55(1) | Assessment of fees and expenses |
| (2) | Assessment of costs |
| (3) | Assessing costs of tribunal |
| (4) | Assessment after payment of account |
| (5) | Party may request review of assessment |
| (6) | Arbitrator may request review of assessment |
| (7) | Time limit for application for review |
| (8) | Enforcement of certificate |
| 56 | Interest |
| 57(1) | Transitional |
| (2) | Arbitrations under previous Act |
| 58 | |
| 59 | Repeal |
| 60 | C.C.S.M. reference |
| 61 | Coming into force |
