When the mediation process is not successful the parties may have the opportunity to access the more formal process of arbitration. During this process, an arbitrator reviews the evidence and arguments of each party and makes a final decision that will be binding on each party. The decision or order of an arbitrator under the Umbrella Final Agreement (“UFA”) section 26.7.5 is not subject to appeal or to judicial review in any court except on the ground that the arbitrator failed to observe a principle of natural justice or otherwise acted beyond or refused to exercise jurisdiction. The Supreme Court of the Yukon shall have jurisdiction in respect of an appeal or judicial review pursuant to section 26.8.1.
A party affected by a decision or order of an arbitrator may, after the expiration of 14 days from the date of the release of the decision or order or the date provided in the decision for compliance, whichever is later, file in the Registry of the Supreme Court of Yukon a copy of the decision and the decision or order shall be entered as if it were a decision or order of the Court, and on being entered shall be deemed, for all purposes except for an appeal from it, to be an order of the Supreme Court of the Yukon and enforceable as such.