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The Arbitration Act

C.C.S.M. c. A120

The Arbitration 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
2.1 (1) Arbitrators for family arbitrations
(2) Family arbitration — child's best interests
3 Contracting out
4 (1) Waiver of right to object
(2) No application to family arbitration
5 (1) Writing unnecessary
(1.1) Written family arbitration agreement
(1.2) Limit re family arbitration agreement
(2) Equivalent agreement
(3) Recission
5.1 (1) Family arbitration agreement
(2) Exception
(3) Power of court to set aside family arbitration agreement
(4) Court may decline
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
31.1 Family arbitration award unenforceable if inconsistent with statute
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
38.1 Family arbitration award to use standard clauses
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
(5) Death of a party — family arbitration
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
(2.1) Appeal of family arbitration award
(3) Court may require explanation
(3.1) Procedure on appeal of family arbitration award
(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
(9) Family arbitration
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
(2.1) Procedure re family arbitration award
(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
(9) Enforcement of support awards
GENERAL
50 Crown bound
51 (1) Limitation periods
(2) Order re deadline to commence action
(3) Deadline for application to enforce
(4) Exception re enforcement of family arbitration award
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
56.1 Regulations
57 (1) Transitional
(2) Arbitrations under previous Act
58
59 Repeal
60 C.C.S.M. reference
61 Coming into force