Acts and Regulations

2014, c.100 - Arbitration Act

Full text
Powers of court
8(1)The court’s powers with respect to the detention, preservation and inspection of property, interim injunctions and the appointment of receivers are the same in arbitrations as in court actions.
8(2)The arbitral tribunal may determine any question of law that arises during the arbitration; the court may do so on the application of the arbitral tribunal, or on a party’s application if the other parties or the arbitral tribunal consent.
8(3)Despite subsection 8(3) of the Judicature Act, the court’s determination of a question of law may be appealed to The Court of Appeal of New Brunswick, with leave of The Court of Appeal of New Brunswick.
8(4)On the application of all the parties to more than one arbitration the court may order, on such terms as are just,
(a) that the arbitrations be consolidated,
(b) that the arbitrations be conducted simultaneously or consecutively, or
(c) that any of the arbitrations be stayed until any of the others are completed.
8(5)When the court orders that arbitrations be consolidated, it may appoint an arbitral tribunal for the consolidated arbitration; if all the parties agree as to the choice of arbitral tribunal, the court shall appoint it.
8(6)Subsection (4) does not prevent the parties to more than one arbitration from agreeing to consolidate the arbitrations and doing everything necessary to effect the consolidation.
1992, c.A-10.1, s.8