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Question:
What is the jurisdiction of the Arbitration Panel? |
Answer:
The jurisdiction of the Arbitration Panel is fixed by the terms of the Comprehensive Land Claim Agreement. That Agreement, s.6.1.5, provides that "the Panel shall have jurisdiction to arbitrate in respect of: (a) any matter which this agreement stipulates is to be determined by arbitration; and (b) any matter concerning the interpretation or application of this agreement where the parties agree to be bound by an arbitration decision in accordance with this chapter." |
Question:
What are the matters for which the Agreement stipulates that the Panel may have jurisdiction (i.e. the clause (a) matters)? |
Answer:
here is a list of provisions of the Agreement (other than Article 6)that confer jurisdiction on the Panel: s.13.4.13(c); s.18.1.4; s.21.1.7; s.21.3.2; s.21.1.3(a); s.23.3.4; s.23.5.2(d); s.24.1.12; s.25.5.2(a)(iii); s.27.3.1; s.29.2.3(d). |
Question:
Does it follow that the Arbitration Panel can only be used by the parties to the Land Claim Agreement? |
Answer:
No. Several provisions of the Agreement allow non-parties to trigger arbitration; see for example, s.13.4.13(c); s.18.1.4; s.21.3.4; s. 27.3.1. |
Question:
Is it possible for a person to use the Arbitration Panel to resolve a dispute under an impact and benefit agreement between a community and an oil company? |
Answer:
the jurisdiction of the Arbitration Panel is fixed by the terms of the Comprehensive Land Claim Agreement. That Agreement provides that "the Panel shall have jurisdiction to arbitrate in respect of: (a) any matter which this agreement stipulates is to be determined by arbitration; and (b) any matter concerning the interpretation or application of this agreement where the parties agree to be bound by an arbitration decision in accordance with this chapter."
The "parties" that this clause refers to in clause (b) are the parties to the Land Claim Agreement; the "agreement" that this clause refers to is the Land Claim Agreement. |
Question:
If there is an arbitration under the Agreement do the parties to the arbitration have to use members of the panel? |
Answer:
s.6.3.1 of the Agreement stipulates that the parties to the arbitration shall select arbitrators from the panel "unless otherwise agreed". |
