b) if a request had been made under Section 118 or 121, after the date on which that
request was disposed of by the Arbitral Tribunal.
131. The Supreme Court may confirm, vary or set aside the Arbitral Award or may remit the
award to the Arbitral Tribunal with directions, including the court's opinion on the
question of law.
132. When asked to set aside an Arbitral Award the Supreme Court may, where it is
appropriate and it is requested by a Party, adjourn the proceedings to set aside the
Arbitral Award for a period of time determined by it in order to give the Arbitral Tribunal
an opportunity:
a) to resume the arbitral proceedings; or
b) to take any other action that, in the Arbitral Tribunal's opinion, will eliminate the
grounds for setting aside the Arbitral Award.
133. A Party that was not a participating Party in an arbitration must be given notice of an
application under Section 129 and is entitled to be a Party to, and make representation on
the application.
134. A Party may appeal a decision of the Supreme Court under Section 131 to the British
Columbia Court of Appeal with leave of the British Columbia Court of Appeal.
135. If the British Columbia Court of Appeal:
a) refuses to grant leave to a Party to appeal a ruling of the Supreme Court under
Section 131; or
b) hears an appeal from a ruling of the Supreme Court under Section 131,
the decision of the British Columbia Court of Appeal may not be appealed to the
Supreme Court of Canada.
136. No application may be made under Section 129 in respect of:
a) an Arbitral Award based upon equitable considerations as permitted in Section
96; or
b) an Arbitral Award made in an arbitration commenced under paragraph 28 of the
Chapter.
137. No application for leave may be brought under Section 129 in respect of a ruling made by
the Supreme Court under Section 98 if the time for appealing that ruling has already
expired.
Recognition and Enforcement
138. An Arbitral Award must be recognized as binding and, upon application to the Supreme
Court, must be enforced subject to paragraphs 152 and 153 of the Kitsumkalum SelfGovernment Chapter.
139. Unless the Supreme Court orders otherwise, the Party relying on an Arbitral Award or
applying for its enforcement must supply the duly authenticated original Arbitral Award
or a duly certified copy of it.
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