Vavilov is the leading case on the standard of review in administrative law. It does not address the field of arbitration. In The United Mexican States v. Metalclad Corporation, 2001 BCSC 664, Justice Tysoe, as he then was, distinguished the approach to judicial review for domestic tribunals established by statute from that for the international arbitration of private disputes. Metalclad continues to stand for the proposition that administrative law standards should not be used “to create a standard of review not provided for in the [ICAA]”: at para. 54.
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