Is an agreement binding an appeal under s. 44 of the Arbitration Act?
Alberta, Canada
The following excerpt is from Arnason v. Arnason, 2011 ABQB 393 (CanLII):
It is common ground that the agreement signed by the parties was an agreement to mediate, and if no agreement was reached and documented, to arbitrate, and it contained no clause that contemplated or allowed an appeal. Thus, no appeal is allowed by agreement. The only appeal allowed under s. 44(2) is restricted to questions of law. It is therefore necessary to outline what is a question of law, as opposed to a question of fact or mixed fact and law, for which there is no appeal. The cases of Fuhr at paras. 59 to 65 and Metcalfe v. Metcalfe, 2006 ABQB 798 at paras. 22 to 25 have considered this question in the context of an application for leave to appeal under s. 44 of the Arbitration Act.
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