Hometime

Hometime · Alberta legislation

CPA Condominium Property Act

CPA · Arbitration Act

44 Remedies Appeal of award

Current to 2023-04-01 · Official PDF

(1) If the arbitration agreement so provides, a party may appeal
an award to the court on a question of law, on a question of fact or
on a question of mixed law and fact.
RSA 2000

(2) If the arbitration agreement does not provide that the parties
may appeal an award to the court on a question of law, a party may,
with the permission of the court, appeal an award to the court on a
question of law.
(2.1) The court shall grant the permission referred to in subsection
(2) only if it is satisfied that
(a) the importance to the parties of the matters at stake in t he
arbitration justifies an appeal, and
(b) the determination of the question of law at issue will
significantly affect the rights of the parties.
(3) Notwithstanding subsections (1) and (2), a party may not
appeal an award to the court on a question of law that the parties
expressly referred to the arbitral tribunal for decision.
(4) The court may require the arbitral tribunal to explain any
matter.
(5) The court may confirm, vary or set aside the award or may
remit the award to the arbitral tribunal and give directions about the
conduct of the arbitration.
(6) Where the court remits the award to the arbitral tribunal in the
case of an appeal on a question of law, it may also remit to the
tribunal the court's opinion on the question of law.
RSA 2000 cA-43 s44;2014 c13 s15