The Lawyers Weekly - April 1, 2011

THE LAWYERS WEEKLY
April 1, 2011 | 9

Commercial
arbitrators’
jurisdiction

Act doesn’t grant power to dismiss unprosecuted claim for delay

LUIS MILLAN

JEREMY BRUNEEL FOR THE LAWYERS WEEKLY

In a ruling that strikes at the “very nature”
of arbitration and underscores the differen-
ces in the wording of the various provincial
arbitration statutes, the British Columbia
The ruling, while described as a
“good decision” penned by a “very highly
respected” judge, nevertheless sparked
mixed reaction, prompting one experienced
arbitrator to call for changes to the B.C.
Commercial Arbitration Act while leading
another to affirm that the decision reinfor-
ces the integrity of the arbitral process in
the province.

In Premium Brands Operating GP Inc.
v. Turner Distribution Systems Ltd., [2011]
B.C.J. No. 248, Turner Distribution Sys-
tems Ltd., a warehousing and distribution
services company specializing in the gro-
cery industry, issued a notice in March
2000 to arbitrate a dispute with Premium
Brands Operating GP Inc., and it in turn
delivered a counter-claim in the proceed-
ing. After the arbitrator issued a partial
award in July 2000, the proceedings all but
languished over a six-year stretch until
June 2009 when Premium brought a
motion seeking the dismissal of all the
claims that had come before the arbitrator.

How neuroscience and technology offer tools for mediation

DONALEE MOULTON

Mediation has leapt forward
recently thanks to advances on
two fronts: neuroscience and
technology. Both can help
improve the process—and ultim-
ately the outcome.