(d) if the arbitrators have allowed their time or extended time to
third arbitrator) and either party does not, after differences have
a judge may determine. intended that the vacancy should not be supplied, and the parties
(a) prescribing enactments to which this Act does not
R.S., c. 19, s. 7. (a) if either of the appointed arbitrators refuses to act, or is
do not supply the vacancy;
still remains, ready and willing to do all things necessary to the proper
arising in any cause or matter for inquiry or report to any official or
(a) within the period referred to in subsection (1); or(b) within thirty days after the applicant discovers or
(b) if, on such a reference, one party fails to appoint an
R.S., c. 19, s. 14. arbitrator under an order of the court or a judge in any cause or matter,
in relation to the matters in dispute, and shall, subject as aforesaid,
agreement did not deal with the matter, was not in
the submission, or to the umpire, a notice in writing stating that
appointing the substitute arbitrator; or(b) a person with power to appoint the substitute
his award shall be binding on both parties as if he had been
Interpretation. being the subject of arbitration pursuant to the law of the
appointed by consent,
be to a single arbitrator;
R.S., c. 19, s. 4. the award; or(b) two years after all appeal periods have expired, (a) on the day it is given or transmitted, in the case of
oversight on the part of the arbitral tribunal. [2] In Nova Scotia, the offices of Attorney General and Minister of Justice are held by the same person: Public Service Act, R.S.N.S 1989, c. 376, s. 29.The Provincial Court Act employs the term “Governor in Council”, which the Interpretation Act, R.S.N.S.
others are completed. (b) if the reference is to two arbitrators, the two arbitrators may
R.S., c. 19, s. 25. service of the notice, the court or a judge may, on application by the
submission expresses a contrary intention,
3A Notwithstanding anything contained in this Act, this Act does not apply to an arbitration commenced
(a) the arbitral tribunal makes a final award or awards in
notice to exercise that power on the person and serves a
(a) the application of this Act is excluded by an agreement
(a) submit to examination on oath or affirmation with
after a party has given the person seven days' notice to do so,
decision of the arbitral tribunal to uphold a challenge of the
submitted to the arbitral tribunal; and(b) make available to the other parties any other
(c) ten days elapse after all the parties are notified of the
arbitration;(c) "award" means an award made by an arbitral tribunal
7 If any party to a submission, or any person claiming through or
s. 23.
by order of the court or a judge, whether the time for making the award
delivering any pleadings, or taking any other steps in the proceedings,
(e) a submission provides that a reference shall be to two
there is a reasonable apprehension of bias;(b) an application to set aside an award pursuant to
time, by any writing signed by them, enlarge the time for making
arbitration has become unnecessary or impossible. ought to have discovered the fraud or corrupt act,(a) a party entered into the arbitration agreement while
they cannot agree, the umpire may forthwith enter on the reference
him, in respect to any matter agreed to be referred, any party to such
dispute;(b) the parties agree that the arbitration should be
R.S., c. 19, s. 12.
the order otherwise directs, make their award within three months after
(a) a party entered into the arbitration agreement while
Click on the bill title to view the first reading bill, Hansard debates, committee submissions, bill as passed, or the commencement dates for that bill.View Bills R.S., c. 19,
has expired or not. proper notice of the arbitration or of the appointment of an
not a party power to appoint an arbitrator, a party serves
arbitrator has not done so within the time provided in the
undue delay;(e) the matter in dispute is a proper one for default or
on to act by notice in writing from any party to the submission, or
6 Where a submission provides that the reference shall be to an
thereof, and may award costs to be paid as between solicitor and
(a) correct typographical errors, errors of calculation and
respect to the matters in dispute; or(b) produce records and documents that are in the
(2) The report of an official or special referee may be adopted wholly
court or a judge as to references by consent out of court. have power to make an award;
accounts, writings and documents within their possession or power
expire without making an award, or have delivered to any party to
the reconsideration of the arbitrators or umpire. (a) a submission provides that the reference shall be to a single
termination and the arbitral tribunal agrees that the other
this Act on the court or a judge. months after entering on the reference or after having been called
far as this Act is inconsistent with the enactment regulating the arbitration
therein or not. 13 The time for making an award may from time to time be enlarged
(d) "submission" means a written agreement to submit present
respectively;
concur in the appointment of an arbitrator;
Section 49. R.S., c. 19, s. 18. terminated; or(c) the arbitral tribunal finds that the continuation of the
incapable of acting, or dies, and the submission does not show that
23 Any referee, arbitrator or umpire may, at any stage of the
two or more persons agree to submit a matter in dispute to
(c) if the question in dispute consists wholly or in part of matters
subject to any order of the court, or a judge, hear and determine the
other party in respect of a possible settlement of the dispute;(b) any admissions made by the other party in the course
under a legal incapacity;(b) the arbitration is invalid or has ceased to exist;(c) the subject-matter of the arbitration is not capable of
consecutively; or(c) that any of the arbitrations be stayed until any of the
Province; or(d) the arbitration agreement does not apply to the matter
accordance with the arbitration agreement or, where the
of account,
(a) the party that commenced the arbitration withdraws
thereto, as the court or a judge directs. arbitrators, one to be appointed by each party (whether or not the
(a) two years after the day on which the applicant receives
and witnesses appearing; and