What's the Difference between Binding vs Non-Binding Arbitration? Ep. 6

Описание: Arbitrator John-Paul Boyd (John-Paul Boyd Arbitration Chambers) explains the terms "binding" and "non-binding" mean in arbitration. He also explains it is possible for a binding arbitral decision to be appealed at the court.
#arbitration #legalhelp #legalterms

Timestamps
0:22 Binding vs Non-Binding Arbitration:

0:57 Arbitration is always binding. Non-binding arbitration is not arbitration.

1:26 Alberta has Judicial Dispute Resolution (JDR) Conferences which can be binding or non-binding. If it is non-binding, parties still benefit because the Judge has the power to make an opinion, offer comments on the likelihood of success of a position.

4:01 Can you appeal an arbitrator’s decision? Yes, based on what is in the arbitration agreement, or if the arbitration agreement is silent then you can appeal on any question of law.

5:35 Questions of Law vs. Questions of Fact. Questions of law are those regarding the interpretation of statues or case law. Questions of fact are determinations of the facts of the case (eg. What colour was the car) and are the discretion of the Judge.

LINKS
Check out John-Paul Boyd's Guide to Arbitration "How family law arbitrators make decisions and how to help them make the decision you want" (John-Paul Boyd Arbitration Chambers, March 2021)
Check the legislation that apply to your jurisdiction on arbitration. You can use the free database CanLII https://www.canlii.org/en/
For your convenience:
Ontario: http://canlii.ca/t/2sh
Alberta: http://canlii.ca/t/822r
British Columbia: http://canlii.ca/t/84gc

SPEAKERS
Heather Hui-Litwin is Founder of Litigation Help.
www.litigation-help.com
John-Paul Boyd is Principal of John-Paul Boyd Arbitration Chambers
https://www.boydarbitration.ca/
John-Paul's Youtube channel:    / @johnpaulboydqc