One of the new features of the updated ADR Institute of Canada (ADRIC) Arbitration Rules, which came into effect at the end of 2014, is the express provision for “Urgent Interim Measures”.
Unlike Superior Court judges, arbitrators have no inherent jurisdiction. They depend upon the Act and the arbitration agreement for their jurisdiction. In some situations, it has been unclear whether an arbitrator has the authority to grant interim relief. In others, delays in the appointment of the arbitrator made it impossible to obtain urgent relief. If parties have to go to court for such relief, it may result in . . . [more]