Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Arbitration Act

15 Removal of arbitrator by court

Current to 2023-04-01 · Official PDF

(1) The court may remove an arbitrator on a party's application
under section 13(6), or may do so on a party's application if the
arbitrator becomes unable to perform the functions of an arbitrator,
commits a corrupt or fraudulent act, delays unduly in conducting
the arbitration or does not conduct the arbitration in accordance
with section 19.
(2) The arbitrator is entitled to be heard by the court on an
application under subsection (1).
(3) When the court removes an arbitrator, it may give directions on
the conduct of the arbitration.
(4) If the court removes an arbitrator for a corrupt or fraudulent act
or for undue delay, it may order that the arbitrator receive no
payment for services and may order that the arbitrator compensate
the parties for all or part of the costs, as determined by the court,
that they incurred in connection with the arbitration before the
arbitrator's removal.
(5) Within 30 days after receiving the court's decision, the
arbitrator or a party may, with the permission of the Court of
Appeal, appeal to the Court of Appeal an order made under
subsection (4) or the refusal to make such an order.
(6) Except as provided in subsection (5), there is no appeal from
the court's decision or from its directions under this section.
RSA 2000 cA-43 s15;2014 c13 s15