Arbitration

"2642. An arbitration agreement contained in a contract is considered to be an agreement separate from the other clauses of the contract and where the arbitrators find the contract to be null, the arbitration agreement is not for that reason rendered null. 1991, c. 64, a. 2642; I.N. 2014-05-01.

2643. Subject to the peremptory provisions of law, the arbitration procedure is governed by the contract or, failing that, by the Code of Civil Procedure (chapter C-25.01). 1991, c. 64, a. 2643; I.N. 2014-05-01; I.N. 2016-01-01 (NCCP)."

A commercial arbitration agreement that expressly excludes the jurisdiction of the courts is enforceable [art. 2638]. With some exception, the parties may stipulate the procedure to be followed, failing which the arbitration will follow the rules of the Code of Civil Procedure, R.S.Q., c. C-25 [art. 2643]. The arbitration award binds the parties as soon as it is rendered [art. 945.4]. The parties to the arbitration may not appeal the award on the merits; the only possible recourse is an application for the annulment of an arbitration award [art. 947]. However, there are several grounds upon which a court can refuse to homologate the award (e.g., the award contains decisions on matters beyond the scope of the agreement [art. 946.4].