Read a new article written by Robert D. Holmes, QC, FCIArb. from the firm of Holmes Stewart Von Antal Lawyers.
This paper analyses the role of equity in arbitrations, including how the requirement that arbitrations be adjudicated according to law has been interpreted and how it differs from arbitrations conducted ex aequo et bono. The manner in which these issues have been addressed by changes in arbitration legislation in BC over the years is discussed, along with a review of certain court decisions and academic writings.
Law, Equity and Arbitration.pdf