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Reasonableness Standard of Review: What Is its Proper Place in a Commercial Arbitration Context?

April-12-2013

Area Litigation

Summary

Article originally published in Federated Press Journal - Commercial Litigation, Volume XV, No. 1

Excerpt from "Reasonableness Standard of Review:  What Is its Proper Place in a Commercial Arbitration Context?":

When parties to a private commercial arbitration explicitly contract out of rights of appeal, is it open to  them to seek judicial review of the merits of the arbitrator's decision on the basis that it is unreasonable?  Prior to the decision of the Ontario Court of Appeal in Smyth v. Perth and Smith Falls District Hospital,' it seemed clear that this avenue of review was simply not available.  The Arbitration Act, 1991 contemplates court intervention only on enumerated grounds - and judicial review on the merits is not one of those grounds.

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