Does an Arbitrator’s decision dealing with issues of mixed fact and law have to be appealed?
British Columbia, Canada
The following excerpt is from British Columbia (Ministry of Forests) v. Teal Cedar Products Ltd., 2012 BCSC 543 (CanLII):
And, of course, an Arbitrator’s decision dealing with issues of mixed fact and law is not within the narrow appellate review jurisdiction accorded by s. 31 of the Commercial Arbitration Act: Elk Valley Coal Partnership v. Westshore Terminals Ltd., 2008 BCCA 154, leave to appeal to SCC refused, 32680 (December 4, 2008).
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