Kitsumkalum Agreement-in-Principle
34.
Notwithstanding paragraph 33, an arbitral award is not binding on a Party that has not
participated in the arbitration if:
a)
b)
the Party did not receive copies of:
i)
the notice of arbitration or agreement to arbitrate; or
ii)
the pleadings and any amendments or supplements to the pleadings; or
the arbitral tribunal refused to add the Party as a participating Party to the arbitration
under paragraph 32.
Application of Legislation
35.
No legislation of any Party respecting arbitration, except the settlement legislation, applies to an
arbitration conducted under this Chapter.
36.
A court must not intervene or offer assistance in an arbitration or review an arbitral award under
this Chapter except as provided in Appendix J-5.
Stage Three: Adjudication - Judicial Proceedings
37.
Nothing in this Chapter creates a cause of action where none otherwise exists.
38.
Subject to paragraph 39, at any time a Party may commence proceedings in the Supreme Court
of British Columbia in respect of a Disagreement.
39.
Subject to paragraph 14, a Party may not commence judicial proceedings in respect of a
Disagreement if the Disagreement:
40.
a)
is required to be referred to arbitration under paragraph 28 or has been agreed to be
referred to arbitration under paragraph 29;
b)
has not been referred to collaborative negotiations or a facilitated process as required
under this Chapter; or
c)
has been referred to collaborative negotiations or a facilitated process that has not yet
been terminated.
Nothing in subparagraph 39.a) prevents an arbitral tribunal or the participating Parties from
requesting the Supreme Court of British Columbia to make a ruling respecting a question of law
as permitted in Appendix J-5.
Notice to Parties
41.
If, in any judicial or administrative proceeding, an issue arises in respect of:
a)
the interpretation or validity of this Agreement; or
b)
the validity, or applicability of:
i)
any settlement legislation; or
ii)
any Kitsumkalum Law,
the issue will not be decided until the party raising the issue has properly served notice on the
Attorney General of British Columbia, the Attorney General of Canada and the Kitsumkalum
Government.
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