The purpose of commercial arbitration is to bring certainty and finality to a dispute without the need for court intervention. Parties choose arbitration for a range of reasons, including the privacy inherent in an arbitral hearing and the expertise of the arbitrator. Nowhere is the policy underlying commercial arbitration more important than where an appellate court subjects an arbitral award to judicial scrutiny. Canadian appeal courts are increasingly showing deference to commercial arbitration decisions in order to honour what was intended to be a final resolution of the parties’ dispute.
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This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca)