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Arbitration and Mediation

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Posted by Mr. Alexander G. on Jan 29th, 2016 6:19pm


The Alberta Court of Appeal recently held in Enmax Energy Corporation v TransAlta Generation Partnership, 2015 ABCA 383 that the doctrines of res judicata and issue estoppel can, as a matter of law, apply to subsequent arbitration proceedings. The Court held that section 37 of Alberta’s Arbitration Act (s. 37 in Ontario Arbitration Act), which provides that an award binds the parties unless set aside or varied, lends support to this legal conclusion. The doctrine of res judicata and issue estoppel apply to arbitration proceedings as between the same parties. Arbitration panels are bound by the law unless the parties expressly agree otherwise in an Arbitration Agreement. Some thought has to be given to the position taken by parties in an arbitration as it may have an effect on subsequent arbitral proceedings.


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