When Can You Change an Arbitration Ruling
Posted on April 28, 2025
Arbitration is a type of alternative dispute resolution used commonly in Ontario and throughout Canada. It's a legal option available to individuals, businesses, and legal teams looking for a legally binding resolution outside of court. Arbitration is unlike mediation, in which two parties find work together to resolve a dispute. Instead, during arbitration, the neutral third party/the arbitrator makes a final ruling which can carry the same weight as a judgment in court but without a judge. Arbitration services can be beneficial for a number of reasons, especially efficiency. However, because the ruling is not derived from the parties themselves, there are some circumstances where both parties may not be satisfied with the end result. More often than not, arbitration is a type of alternative dispute resolution service that results in a final ruling that is legally binding, but in certain situations, parties can seek an appeal or a new judgment.
For fair, reliable, and responsible alternative dispute resolution services, contact Robert Karrass, a certified and trusted mediator and arbitrator in Ontario.
Here are some situations in which the ruling of arbitration can be modified or changed.
Appealing the Decision
Because arbitration is supposed to be a final decision, appeals require permission from the court and typically must be filed within 30 days of the ruling. An arbitration lawyer may suggest you file an appeal if the arbitrator made a significant legal error that affected the outcome. These situations are highly unlikely, as arbitrators are trained and experienced in assessing all of the facts impartially and without influence from any singular party.
Courts will not revisit the facts of the case or re-evaluate evidence simply because one party disagrees with the result. Appeals are reserved for specific legal grounds, and the process must be followed precisely. Even if you request an appeal, you may not be granted one by the court
Some situations where an appeal may granted include:
A Definitive Error in Law
This is the most common reason for appeal. If the arbitrator misunderstood or misapplied the law, and it affected the outcome, you may be able to appeal, but only if the court gives permission. Courts don't usually revisit facts, only legal errors. At Karrass Law, Robert Karrass is extremely well-versed in civil litigation and criminal law in Ontario and has a deep understanding of how to navigate even the most complex legal matters fairly and responsibly.
An Error in Fact
Similar to an error in law, an error in how a fact was presented or perceived could support a request for an arbitration appeal. While it's much harder to be granted an appeal based on an error in fact, it's possible. It's more likely that the court may allow you to request a new ruling if you and your arbitration lawyer found that the misunderstanding fundamentally affected the case's outcome. In most cases, an error, in fact, will not be grounds for an appeal unless there is an agreement between both parties.
Agreement Between Parties to Allow Appeals
If both parties agree that they are not happy with the results of their arbitration services, they can request an appeal. This is often called an "appeal on the merits" and can increase the likelihood of an appeal being granted. An appeal on the merits can refer to any errors with the arbitration related to either fact, law, or both. If the court directs you to arbitration services again, work with an arbitrator with a vast legal background. Working on a number of cases that touch on a number of legal specialties, Robert Karrass has the tact, knowledge, and experience to support your arbitration needs.
A Fair and Reputable Arbitrator in Ontario with Robert Karrass
Because the awards or outcome of arbitration services are legally binding, the best results and the most smooth course for your alternative dispute resolution requires a trusted arbitrator committed to impartial and fair decision-making like Robert Karrass. To learn more about alternative dispute resolution services with Robert Karrass, contact us today.