NPPE Expert Witness and Dispute Resolution 3

Question 1

What is the difference between 'binding' and 'non-binding' dispute resolution?

Accepted Answer

Binding decisions are enforceable by law without further consent; non-binding decisions require party acceptance to be effective

Answer

A binding decision (e.g., arbitration award or court judgment) is legally enforceable; a non-binding outcome (e.g., mediator's recommendation) only becomes effective if the parties choose to accept it.

Question 2

Which Canadian legislation governs international commercial arbitration and is modeled on the UNCITRAL Model Law?

Accepted Answer

The Commercial Arbitration Act (federal)

Answer

Canada's Commercial Arbitration Act (federal) adopts the UNCITRAL Model Law and governs international commercial arbitrations where at least one party is a federal Crown corporation or the arbitration falls under federal jurisdiction.

Question 3

What does 'without prejudice' communication mean in the context of dispute resolution negotiations?

Accepted Answer

The communication cannot be used as evidence in subsequent legal proceedings

Answer

'Without prejudice' protects settlement communications from being introduced as evidence if negotiations fail, encouraging frank discussion.

Question 4

When might a court refuse to enforce an arbitration award in Canada?

Accepted Answer

When there was a procedural irregularity that denied a party a fair hearing, or the award violates public policy

Answer

Courts may set aside or refuse enforcement of arbitration awards on narrow grounds such as procedural unfairness, fraud, or conflict with public policy, but not simply because of disagreement with the outcome.

Question 5

In a construction dispute, what is a 'dispute review board' (DRB)?

Accepted Answer

A standing panel appointed at the start of a project to visit the site and resolve disputes as they arise

Answer

A DRB is established at project outset, visits the site regularly, and issues recommendations or decisions on disputes as they emerge, preventing escalation and delays.

NPPE - National Professional Practice Examination Practice Test

NPPE - National Professional Practice Examination Practice Test

NPPE Expert Witness and Dispute Resolution 3