Acts and Regulations

2014, c.100 - Arbitration Act

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Removal of arbitrator by court
15(1)The court may remove an arbitrator on a party’s application under subsection 13(6), or may do so on a party’s application if the arbitrator becomes unable to perform his or her functions, commits a corrupt or fraudulent act, delays unduly in conducting the arbitration or does not conduct it in accordance with section 19.
15(2)The arbitrator is entitled to be heard by the court if the application is based on an allegation that he or she committed a corrupt or fraudulent act or delayed unduly in conducting the arbitration.
15(3)When the court removes an arbitrator, it may give directions about the conduct of the arbitration.
15(4)If the court removes an arbitrator for a corrupt or fraudulent act or for undue delay, it may order that the arbitrator receive no payment for his or her services and may order that he or she compensate the parties for all or part of the costs, as determined by the court, that they incurred in connection with the arbitration before his or her removal.
15(5)Despite subsection 8(3) of the Judicature Act, the arbitrator or a party may, within 30 days after receiving the court’s decision, appeal an order made under subsection (4) or the refusal to make such an order to The Court of Appeal of New Brunswick, with leave of The Court of Appeal of New Brunswick.
15(6)Except as provided in subsection (5), there is no appeal from the court’s decision or from its directions.
1992, c.A-10.1, s.15