Appendix J–5
Arbitration
Definitions
1.
In this Appendix:
a) "Applicant" means:
i.
in an arbitration commenced under paragraph 28 of the Chapter, the Party
that delivered the notice of arbitration, and
ii.
in an arbitration commenced under paragraph 29 of the Chapter, the Party
that the Parties have agreed will be the Applicant in the agreement to
arbitrate;
b) "Arbitral Award" means any decision of the Arbitral Tribunal on the substance
of the Disagreement submitted to it, and includes:
i.
an interim Arbitral Award, including an interim award made for the
preservation of property, and
ii.
an award of interest or costs;
c) "Arbitral Tribunal" means a single arbitrator or a panel of arbitrators appointed
under this Appendix;
d) "Arbitration Agreement" includes
i.
the requirement to refer to arbitration Disagreements described in
paragraph 28 of the Chapter; and
ii.
an agreement to arbitrate a Disagreement as described in paragraph 29 of
the Chapter;
e) "Chapter" means the Dispute Resolution Chapter of the Final Agreement;
f) "Party" means a participating Party to arbitration under this Appendix;
g) "Respondent" means a Party other than the Applicant;
h) "Section" means a Section of this Appendix;
i) "Supreme Court" means the Supreme Court of British Columbia.
2.
A Reference in this Appendix, other than in Section 87 or 116(a), to a claim, applies to a
counterclaim, and a Reference in this Appendix to a defence, applies to a defence to a
counterclaim.
3.
Notwithstanding paragraph 4 of the Chapter, the Parties may not vary Section 53 or 97.
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