Does a party have to sign the Rules of Arbitration Agreement or must it be signed by the parties' solicitors?
Ontario, Canada
The following excerpt is from Malkin v. Bulman, 2011 ONSC 6857 (CanLII):
Where the arbitrator is deciding the preliminary issue as to his jurisdiction to hear a matter, the decision may be reviewed and must be correct. (Dayco Can Ltd v. C.A.W. 1993 CanLII 144 (SCC), [1993] 2 S.C.R. 230 at para. 14.) Do the terms of the Arbitration Agreement require the parties to sign the Rules of Arbitration or can that be done by the parties’ solicitors?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When redrafting the appeal provision in an arbitration agreement, can counsel for the parties be presumed to be aware of the provisions of the Arbitration Act? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of costs awarded under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
Is an entire agreement clause binding a party to whom the agreement was signed? (Ontario, Canada)
What are the factors used to determine whether a party who has not made full disclosure under a contract signed a contract with another party would have signed the contract even if the disclosure had not been made? (Ontario, Canada)
Can the financial situation of the parties be taken into account in determining the amount of a costs award under Rule 24 or Rule 18 of the Family Law Rules? (Ontario, Canada)
How have the parties’ affidavit evidence before the Arbitrator been conflict about the circumstances surrounding both the July 20th and the 2014 Amending Agreement? (Ontario, Canada)
Is a litigation guardian required to approve a partial settlement that includes payment of 15% plus party and party costs to solicitors? (Ontario, Canada)
What is the effect of the parties’ agreement on the division of net family property pursuant to the terms of the agreement? (Ontario, Canada)
What rights does a party have to appeal an award under an arbitration agreement? (Ontario, Canada)
Does the requirement of uberrima fides apply when the parties have entered into a separation agreement requiring the parties to pay support for the children of the marriage? (Ontario, Canada)
