GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Commercial Arbitration Act — C-34.6 5
Law in force 5 (1) Subject to this section, the Code has the force of law in Canada. Limitation to certain federal activities (2) The Code applies only in relation to matters where at least one of the parties to the arbitration is Her Majesty in right of Canada, a departmental corporation or a Crown corporation or in relation to maritime or admiralty matters. When applicable (3) The Code applies to arbitral awards and arbitration agreements whether made before or after the coming into force of this Act. Meaning of commercial arbitration (4) For greater certainty, the expression commercial arbitration in Article 1(1) of the Code includes (a) a claim under Article 1116 or 1117 of the Agreement, as defined in subsection 2(1) of the North American Free Trade Agreement Implementation Act ; (a.1) a claim under paragraph 1 of Annex 14-C of the Agreement , as defined in section 2 of the Canada–United States–Mexico Agreement Implementation Act , or Article 14.D.3 of that Agreement; (b) a claim under Article G-17 or G-18 of the Agreement, as defined in subsection 2(1) of the Canada-Chile Free Trade Agreement Implementation Act ; (c) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Peru Free Trade Agreement Implementation Act ; (d) a claim under Article 819 or 820 of the Agreement, as defined in section 2 of the Canada–Colombia Free Trade Agreement Implementation Act ; and (e) a claim under a provision, set out in column 1 of Schedule 2, of an agreement that is set out in column 2. R.S., 1985, c. 17 (2nd Supp.), s. 5, c. 1 (4th Supp.), s. 9; 1993, c. 44, s. 50; 1997, c. 14, s. 32; 2009, c. 16, s. 23; 2010, c. 4, s. 23; 2012, c. 26, s. 24 2020, c. 1, s. 137
Commercial Arbitration Act — C-34.6 6
Definition of court or competent court 6 In the Code, court or competent court means a superior, county or district court, except when the context requires otherwise. R.S., 1985, c. 17 (2nd Supp.), s. 6; 2002, c. 8, s. 125
Commercial Arbitration Act — C-34.6 7
Publication 7 The Minister of Justice shall cause to be published in the Canada Gazette the documents referred to in paragraphs 4(2)(a) and (b) forthwith on the coming into force of this Act.
Commercial Arbitration Act — C-34.6 8
Terms and conditions for arbitration agreements 8 The Governor in Council, on the recommendation of the Minister of Justice, may make regulations prescribing the terms and conditions on which Her Majesty in right of Canada, a departmental corporation or a Crown corporation may enter into an arbitration agreement. R.S., 1985, c. 17 (2nd Supp.), s. 8, c. 1 (4th Supp.), s. 10
Commercial Arbitration Act — C-34.6 9
General 9 The Minister of Justice may make such regulations as are necessary for the purpose of carrying out this Act or for giving effect to any of the provisions thereof.
Commercial Arbitration Act — C-34.6 10
Binding on Her Majesty 10 This Act is binding on Her Majesty in right of Canada.
Commercial Arbitration Act — C-34.6 Coming into force
Coming into force * 11 This Act shall come into force on a day to be fixed by proclamation. * [Note: Act in force August 10, 1986, see SI/86-155.]
Commercial Arbitration Act — C-34.6
(Based on the Model Law on International Commercial Arbitration as adopted by the United Nations Commission on International Trade Law on June 21, 1985)
Commercial Arbitration Act — C-34.6
Note: The word “international”, which appears in paragraph (1) of article 1 of the Model Law, has been deleted from paragraph (1) of article 1 below. Paragraphs (3) and (4) of article 1, which contain a description of when arbitration is international, are deleted. Paragraph (5) appears as paragraph (3).
Commercial Arbitration Act — C-34.6
Any additions or substitutions to the Model Law are indicated by the use of italics.
Commercial Arbitration Act — C-34.6
Except as otherwise indicated, the material that follows reproduces exactly the Model Law.
Commercial Arbitration Act — C-34.6 (1)
(1) This Code applies to commercial arbitration, subject to any agreement in force between Canada and any other State or States.
Commercial Arbitration Act — C-34.6 (2)
(2) The provisions of this Code , except articles 8, 9, 35 and 36, apply only if the place of arbitration is in Canada .
Commercial Arbitration Act — C-34.6 (3)
(3) This Code shall not affect any other law of Parliament by virtue of which certain disputes may not be submitted to arbitration or may be submitted to arbitration only according to provisions other than those of this Code .
Commercial Arbitration Act — C-34.6 (a)
For the purposes of this Code : (a) arbitration means any arbitration whether or not administered by a permanent arbitral institution; (b) arbitral tribunal means a sole arbitrator or a panel of arbitrators; (c) court means a body or organ of the judicial system of a State; (d) where a provision of this Code , except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination; (e) where a provision of this Code refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement; (f) where a provision of this Code , other than in articles 25(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.
Commercial Arbitration Act — C-34.6 (a)
(a) arbitration means any arbitration whether or not administered by a permanent arbitral institution;
Commercial Arbitration Act — C-34.6 (b)
(b) arbitral tribunal means a sole arbitrator or a panel of arbitrators;
Commercial Arbitration Act — C-34.6 (c)
(c) court means a body or organ of the judicial system of a State;
Commercial Arbitration Act — C-34.6 (d)
(d) where a provision of this Code , except article 28, leaves the parties free to determine a certain issue, such freedom includes the right of the parties to authorize a third party, including an institution, to make that determination;
Commercial Arbitration Act — C-34.6 (e)
(e) where a provision of this Code refers to the fact that the parties have agreed or that they may agree or in any other way refers to an agreement of the parties, such agreement includes any arbitration rules referred to in that agreement;
Commercial Arbitration Act — C-34.6 (f)
(f) where a provision of this Code , other than in articles 25(a) and 32(2)(a), refers to a claim, it also applies to a counter-claim, and where it refers to a defence, it also applies to a defence to such counter-claim.
Commercial Arbitration Act — C-34.6 (1)
(1) Unless otherwise agreed by the parties: (a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it; (b) the communication is deemed to have been received on the day it is so delivered.
Commercial Arbitration Act — C-34.6 (a)
(a) any written communication is deemed to have been received if it is delivered to the addressee personally or if it is delivered at his place of business, habitual residence or mailing address; if none of these can be found after making a reasonable inquiry, a written communication is deemed to have been received if it is sent to the addressee’s last-known place of business, habitual residence or mailing address by registered letter or any other means which provides a record of the attempt to deliver it;
Commercial Arbitration Act — C-34.6 (b)
(b) the communication is deemed to have been received on the day it is so delivered.
Commercial Arbitration Act — C-34.6 (2)
(2) The provisions of this article do not apply to communications in court proceedings.
Commercial Arbitration Act — C-34.6
A party who knows that any provision of this Code from which the parties may derogate or any requirement under the arbitration agreement has not been complied with and yet proceeds with the arbitration without stating his objection to such non-compliance without undue delay or, if a time-limit is provided therefor, within such period of time, shall be deemed to have waived his right to object.
Commercial Arbitration Act — C-34.6
In matters governed by this Code , no court shall intervene except where so provided in this Code .
Commercial Arbitration Act — C-34.6
The functions referred to in articles 11(3), 11(4), 13(3), 14, 16(3) and 34(2) shall be performed by the Federal Court or any superior, county or district court .
Commercial Arbitration Act — C-34.6 (1)
(1) Arbitration agreement is an agreement by the parties to submit to arbitration all or certain disputes which have arisen or which may arise between them in respect of a defined legal relationship, whether contractual or not. An arbitration agreement may be in the form of an arbitration clause in a contract or in the form of a separate agreement.
Commercial Arbitration Act — C-34.6 (2)
(2) The arbitration agreement shall be in writing. An agreement is in writing if it is contained in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement, or in an exchange of statements of claim and defence in which the existence of an agreement is alleged by one party and not denied by another. The reference in a contract to a document containing an arbitration clause constitutes an arbitration agreement provided that the contract is in writing and the reference is such as to make that clause part of the contract.
Commercial Arbitration Act — C-34.6 (1)
(1) A court before which an action is brought in a matter which is the subject of an arbitration agreement shall, if a party so requests not later than when submitting his first statement on the substance of the dispute, refer the parties to arbitration unless it finds that the agreement is null and void, inoperative or incapable of being performed.
Commercial Arbitration Act — C-34.6 (2)
(2) Where an action referred to in paragraph (1) of this article has been brought, arbitral proceedings may nevertheless be commenced or continued, and an award may be made, while the issue is pending before the court.
Commercial Arbitration Act — C-34.6
It is not incompatible with an arbitration agreement for a party to request, before or during arbitral proceedings, from a court an interim measure of protection and for a court to grant such measure.
Commercial Arbitration Act — C-34.6 (1)
(1) The parties are free to determine the number of arbitrators.
Commercial Arbitration Act — C-34.6 (2)
(2) Failing such determination, the number of arbitrators shall be three.
Commercial Arbitration Act — C-34.6 (1)
(1) No person shall be precluded by reason of his nationality from acting as an arbitrator, unless otherwise agreed by the parties.
Commercial Arbitration Act — C-34.6 (2)
(2) The parties are free to agree on a procedure of appointing the arbitrator or arbitrators, subject to the provisions of paragraphs (4) and (5) of this article.
Commercial Arbitration Act — C-34.6 (3)
(3) Failing such agreement, (a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6; (b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.
Commercial Arbitration Act — C-34.6 (a)
(a) in an arbitration with three arbitrators, each party shall appoint one arbitrator, and the two arbitrators thus appointed shall appoint the third arbitrator; if a party fails to appoint the arbitrator within thirty days of receipt of a request to do so from the other party, or if the two arbitrators fail to agree on the third arbitrator within thirty days of their appointment, the appointment shall be made, upon request of a party, by the court or other authority specified in article 6;
Commercial Arbitration Act — C-34.6 (b)
(b) in an arbitration with a sole arbitrator, if the parties are unable to agree on the arbitrator, he shall be appointed, upon request of a party, by the court or other authority specified in article 6.
Commercial Arbitration Act — C-34.6 (4)
(4) Where, under an appointment procedure agreed upon by the parties, (a) a party fails to act as required under such procedure, or (b) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or (c) a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.
Commercial Arbitration Act — C-34.6 (a)
(a) a party fails to act as required under such procedure, or
Commercial Arbitration Act — C-34.6 (b)
(b) the parties, or two arbitrators, are unable to reach an agreement expected of them under such procedure, or
Commercial Arbitration Act — C-34.6 (c)
(c) a third party, including an institution, fails to perform any function entrusted to it under such procedure, any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.
Commercial Arbitration Act — C-34.6
any party may request the court or other authority specified in article 6 to take the necessary measure, unless the agreement on the appointment procedure provides other means for securing the appointment.
Commercial Arbitration Act — C-34.6 (5)
(5) A decision on a matter entrusted by paragraph (3) or (4) of this article to the court or other authority specified in article 6 shall be subject to no appeal. The court or other authority, in appointing an arbitrator, shall have due regard to any qualifications required of the arbitrator by the agreement of the parties and to such considerations as are likely to secure the appointment of an independent and impartial arbitrator and, in the case of a sole or third arbitrator, shall take into account as well the advisability of appointing an arbitrator of a nationality other than those of the parties.
Commercial Arbitration Act — C-34.6 (1)
(1) When a person is approached in connection with his possible appointment as an arbitrator, he shall disclose any circumstances likely to give rise to justifiable doubts as to his impartiality or independence. An arbitrator, from the time of his appointment and throughout the arbitral proceedings, shall without delay disclose any such circumstances to the parties unless they have already been informed of them by him.
Commercial Arbitration Act — C-34.6 (2)
(2) An arbitrator may be challenged only if circumstances exist that give rise to justifiable doubts as to his impartiality or independence, or if he does not possess qualifications agreed to by the parties. A party may challenge an arbitrator appointed by him, or in whose appointment he has participated, only for reasons of which he becomes aware after the appointment has been made.
Commercial Arbitration Act — C-34.6 (1)
(1) The parties are free to agree on a procedure for challenging an arbitrator, subject to the provisions of paragraph (3) of this article.
Commercial Arbitration Act — C-34.6 (2)
(2) Failing such agreement, a party who intends to challenge an arbitrator shall, within fifteen days after becoming aware of the constitution of the arbitral tribunal or after becoming aware of any circumstances referred to in article 12(2), send a written statement of the reasons for the challenge to the arbitral tribunal. Unless the challenged arbitrator withdraws from his office or the other party agrees to the challenge, the arbitral tribunal shall decide on the challenge.
Commercial Arbitration Act — C-34.6 (3)
(3) If a challenge under any procedure agreed upon by the parties or under the procedure of paragraph (2) of this article is not successful, the challenging party may request, within thirty days after having received notice of the decision rejecting the challenge, the court or other authority specified in article 6 to decide on the challenge, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal, including the challenged arbitrator, may continue the arbitral proceedings and make an award.
Commercial Arbitration Act — C-34.6 (1)
(1) If an arbitrator becomes de jure or de facto unable to perform his functions or for other reasons fails to act without undue delay, his mandate terminates if he withdraws from his office or if the parties agree on the termination. Otherwise, if a controversy remains concerning any of these grounds, any party may request the court or other authority specified in article 6 to decide on the termination of the mandate, which decision shall be subject to no appeal.
Commercial Arbitration Act — C-34.6 (2)
(2) If, under this article or article 13(2), an arbitrator withdraws from his office or a party agrees to the termination of the mandate of an arbitrator, this does not imply acceptance of the validity of any ground referred to in this article or article 12(2).
Commercial Arbitration Act — C-34.6
Where the mandate of an arbitrator terminates under article 13 or 14 or because of his withdrawal from office for any other reason or because of the revocation of his mandate by agreement of the parties or in any other case of termination of his mandate, a substitute arbitrator shall be appointed according to the rules that were applicable to the appointment of the arbitrator being replaced.
Commercial Arbitration Act — C-34.6 (1)
(1) The arbitral tribunal may rule on its own jurisdiction, including any objections with respect to the existence or validity of the arbitration agreement. For that purpose, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract. A decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the invalidity of the arbitration clause.
Commercial Arbitration Act — C-34.6 (2)
(2) A plea that the arbitral tribunal does not have jurisdiction shall be raised not later than the submission of the statement of defence. A party is not precluded from raising such a plea by the fact that he has appointed, or participated in the appointment of, an arbitrator. A plea that the arbitral tribunal is exceeding the scope of its authority shall be raised as soon as the matter alleged to be beyond the scope of its authority is raised during the arbitral proceedings. The arbitral tribunal may, in either case, admit a later plea if it considers the delay justified.
Commercial Arbitration Act — C-34.6 (3)
(3) The arbitral tribunal may rule on a plea referred to in paragraph (2) of this article either as a preliminary question or in an award on the merits. If the arbitral tribunal rules as a preliminary question that it has jurisdiction, any party may request, within thirty days after having received notice of that ruling, the court specified in article 6 to decide the matter, which decision shall be subject to no appeal; while such a request is pending, the arbitral tribunal may continue the arbitral proceedings and make an award.
Commercial Arbitration Act — C-34.6
Unless otherwise agreed by the parties, the arbitral tribunal may, at the request of a party, order any party to take such interim measure of protection as the arbitral tribunal may consider necessary in respect of the subject-matter of the dispute. The arbitral tribunal may require any party to provide appropriate security in connection with such measure.
Commercial Arbitration Act — C-34.6
The parties shall be treated with equality and each party shall be given a full opportunity of presenting his case.
Commercial Arbitration Act — C-34.6 (1)
(1) Subject to the provisions of this Code , the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings.
Commercial Arbitration Act — C-34.6 (2)
(2) Failing such agreement, the arbitral tribunal may, subject to the provisions of this Code , conduct the arbitration in such manner as it considers appropriate. The power conferred upon the arbitral tribunal includes the power to determine the admissibility, relevance, materiality and weight of any evidence.
Commercial Arbitration Act — C-34.6 (1)
(1) The parties are free to agree on the place of arbitration. Failing such agreement, the place of arbitration shall be determined by the arbitral tribunal having regard to the circumstances of the case, including the convenience of the parties.
Commercial Arbitration Act — C-34.6 (2)
(2) Notwithstanding the provisions of paragraph (1) of this article, the arbitral tribunal may, unless otherwise agreed by the parties, meet at any place it considers appropriate for consultation among its members, for hearing witnesses, experts or the parties, or for inspection of goods, other property or documents.
Commercial Arbitration Act — C-34.6
Unless otherwise agreed by the parties, the arbitral proceedings in respect of a particular dispute commence on the date on which a request for that dispute to be referred to arbitration is received by the respondent.
Commercial Arbitration Act — C-34.6 (1)
(1) The parties are free to agree on the language or languages to be used in the arbitral proceedings. Failing such agreement, the arbitral tribunal shall determine the language or languages to be used in the proceedings. This agreement or determination, unless otherwise specified therein, shall apply to any written statement by a party, any hearing and any award, decision or other communication by the arbitral tribunal.
Commercial Arbitration Act — C-34.6 (2)
(2) The arbitral tribunal may order that any documentary evidence shall be accompanied by a translation into the language or languages agreed upon by the parties or determined by the arbitral tribunal.
Commercial Arbitration Act — C-34.6 (1)
(1) Within the period of time agreed by the parties or determined by the arbitral tribunal, the claimant shall state the facts supporting his claim, the points at issue and the relief or remedy sought, and the respondent shall state his defence in respect of these particulars, unless the parties have otherwise agreed as to the required elements of such statements. The parties may submit with their statements all documents they consider to be relevant or may add a reference to the documents or other evidence they will submit.
Commercial Arbitration Act — C-34.6 (2)
(2) Unless otherwise agreed by the parties, either party may amend or supplement his claim or defence during the course of the arbitral proceedings, unless the arbitral tribunal considers it inappropriate to allow such amendment having regard to the delay in making it.
Commercial Arbitration Act — C-34.6 (1)
(1) Subject to any contrary agreement by the parties, the arbitral tribunal shall decide whether to hold oral hearings for the presentation of evidence or for oral argument, or whether the proceedings shall be conducted on the basis of documents and other materials. However, unless the parties have agreed that no hearings shall be held, the arbitral tribunal shall hold such hearings at an appropriate stage of the proceedings, if so requested by a party.