Records of family arbitrations

The regulation under the Arbitration Act, 1991 requires the arbitrator to keep a record of every family arbitration containing the following:

  1. the evidence presented and considered
  2. the arbitrator's notes taken during the hearing, if any
  3. a copy of
    1. the signed arbitration agreement
    2. the certificates of independent legal advice
    3. the report on the results of the screening, unless the arbitrator personally did the screening, which would occur only in secondary arbitrations and mediation/arbitration procedures.
    4. the award and the arbitrator's written reasons for it.

These records must be kept for at least 10 years after the date of the award.

These documents may be called for if an award is appealed or if an application is made to set aside an award for improper conduct or other grounds set out in the Act.