The Lawyer's Daily
The purpose of commercial arbitration is to bring certainty and
finality to a dispute without the need for court intervention.
Parties choose arbitration for a range of reasons, including the
privacy inherent in an arbitral hearing and the expertise of the
arbitrator. Nowhere is the policy underlying commercial arbitration
more important than where an appellate court subjects an arbitral
award to judicial scrutiny. Canadian appeal courts are increasingly
showing deference to commercial arbitration decisions in order to
honour what was intended to be a final resolution of the
parties' dispute.
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