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Sufficiency of reasons in arbitration awards: A variable standard

Monday, March 19, 2018 @ 8:48 AM | By Alexander Gay and Justin Tremblay

The domestic Arbitration Act that is shared by most Canadian jurisdictions contains a provision that requires that an arbitral tribunal provide a written award that contains the reason on which it is based. The standard that must be met by an arbitral tribunal in order to discharge this statutory obligation remains the subject of debate, especially in a context where there are few decided cases in Canada.

However, arbitration is different from the courts and, to the surprise of some jurists, arbitrators need not always meet...