Common use of Finality of Arbitrator’s Decision Clause in Contracts

Finality of Arbitrator’s Decision. 12.1. The decision of the Arbitrator is final and binding on both Parties. Both You and the Manufacturer are bound by that decision subject to very limited rights that both You and the Manufacturer have to seek an examination of the decision by a court. Provincial and territorial legislation governing arbitration allow judicial review or, in Quebec, annulment of the arbitration process or award. If a Judge rules that the Arbitrator made a mistake or an error in law involving Your case, or that he or she has exceeded the terms and conditions of this Agreement for Arbitration, or, in Quebec, that the ruling is contrary to public order, then the Arbitrator’s decision may, depending on the legislation in Your province or territory, be set aside, modified, or a new hearing ordered. 12.2. Provincial and territorial legislation governing arbitration also allows the Arbitrator to correct minor errors or omissions in the award such as a misprint or error in calculation, or in some jurisdictions, to correct an injustice caused by an oversight by the Arbitrator. You or the Manufacturer must communicate any such concern regarding the award, in writing, to the Provincial Administrator within fifteen (15) Days of receiving the Arbitrator’s award if You believe an error or omission has been made. 12.3. Subject to any provincial or territorial legislation governing arbitration, where the Arbitrator makes an award and the Manufacturer has not complied with the award, You may seek to enforce the Arbitrator’s award in the appropriate court in Your province or territory.

Finality of Arbitrator’s Decision. ‌‌‌ 12.1. The decision of the Arbitrator is final and binding on both Parties. Both You and the Manufacturer are bound by that decision subject to very limited rights that both You and the Manufacturer have to seek an examination of the decision by a court. Provincial and territorial legislation governing arbitration allow judicial review or, in Quebec, annulment of the arbitration process or award. If a Judge rules that the Arbitrator made a mistake or an error in law involving Your case, or that he or she has exceeded the terms and conditions of this Agreement for Arbitration, or, in Quebec, that the ruling is contrary to public order, then the Arbitrator’s decision may, depending on the legislation in Your province or territory, be set aside, modified, or a new hearing ordered. 12.2. Provincial and territorial legislation governing arbitration also allows the Arbitrator to correct minor errors or omissions in the award such as a misprint or error in calculation, or in some jurisdictions, to correct an injustice caused by an oversight by the Arbitrator. You or the Manufacturer must communicate any such concern regarding the award, in writing, to the Provincial Administrator within fifteen (15) Days of receiving the Arbitrator’s award if You believe an error or omission has been made. 12.3. Subject to any provincial or territorial legislation governing arbitration, where the Arbitrator makes an award and the Manufacturer has not complied with the award, You may seek to enforce the Arbitrator’s award in the appropriate court in Your province or territory.